Millar v Strathmore Auction Company, Ltd
| Jurisdiction | Scotland |
| Judgment Date | 16 July 1906 |
| Date | 16 July 1906 |
| Docket Number | No. 20. |
| Court | High Court of Justiciary |
Lord M'Laren, Lord Pearson, Lord Mackenzie.
Sheriff—Small-Debt Court—Appeal—Competency—Small-Debt (Scotland) Act, 1837 (7 Will. IV. and 1 Vict. cap. 41), sec. 31.—
A raised a debts recovery action against B, and used arrestments on the dependence. B then raised a small-debt action against A for damages for the wrongous, nimious, and oppressive use of the said arrestments, but did not aver malice. The Sheriff-substitute, without disposing of the debts recovery action, proceeded to give decree in favour of B in the small-debt action for a sum in name of damages. A appealed under sec. 31 of the Small-Debt (Scotland) Act, 1837.
The Court dismissed the appeal, holding that while the Sheriff-substitute had erred in awarding damages seeing that malice was not averred, his error was an error in law and did not entitle the appellant to have the Sheriff-substitute's judgment reviewed under sec. 31 of the Small-Debt (Scotland) Act, 1837, and that the irregularity of the Sheriff's procedure in disposing of the small-debt action first did not do so.
On 5th December 1905 James Millar, dairyman and cattle-dealer, Back Street, Dundee, took out a summons in the Small-Debt Court, at Dundee, against the Strathmore Auction Company, Limited, Forfar, concluding for decree for £12, conform to account prefixed to the summons.
The account was in the following terms:—‘1905, Dec. 5.—To loss and damage sustained by the pursuer in consequence of arrestments on the dependence having been used wrongously, nimiously, and oppressively by the defenders on 20th November 1905 against pursuer in the hands of the North British Railway Company, Dundee, upon a debts recovery action in this Court at the instance of the defenders against the pursuer for £29, whereby cattle, sheep, and bestial belonging to the pursuer to the value of £80 were detained in the yard of the said railway company during the whole of the night of the 20th, and the morning and afternoon of the 21st, November 1905, in severe weather, in consequence of which the said cattle, sheep, and bestial lost the market in Dundee of 21st November 1905, and their value was deteriorated by the treatment received. Damages restricted to £12.’
The Sheriff-substitute (Campbell Smith) continued the case to 19th January for proof, and, on 19th January, after a proof, granted decree against the defenders for £1, with £1, 10s. of expenses.
The defenders...
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Robson v Menzies
...v. Portpatrick and Wigtonshire Joint Committee, (1898) 25 R. (J.) 71, 2 Adam, 519; Millar v. Strathmore Auction Co., (1906) 8 F. (J.) 71, 5 Adam, 95; Wilson v. Glasgow Tramways Co.SC, (1878) 5 R. 1 Millar v. Strathmore Auction Co., Limited, 8 F. (J.) 71, per Lord M'Laren. 1 (1890) 18 R. (H.......