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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> M'Intosh v. Roy [1898] ScotLR 35_700 (25 May 1898) URL: http://www.bailii.org/scot/cases/ScotCS/1898/35SLR0700.html Cite as: [1898] SLR 35_700, [1898] ScotLR 35_700 |
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Page: 700↓
The Court will not entertain any application to review the decision of the reporters on probabilis causa litigandi unless it is alleged that there has been a gross miscarriage of justice or failure of duty upon the part of the reporters.
This was an application by Alexander M'Intosh in a petition presented by him for admission to the poor's roll. Counsel for the parties having been heard by the reporters, they found that the applicant had no probabilis causa. He now appeared and presented a note to the Court in which he stated that the reporters had given no grounds for their finding, and that it was erroneous. He craved the Court either to admit him to the roll or to order the reporters to give the grounds of their decision.
Counsel for the respondent maintained that the decision of the reporters was final, and that it could not be subjected to review unless there were allegations of a gross miscarriage of justice or failure of duty on the part of the reporters. He quoted in support of his argument the cases of Currie, January 21, 1829, 7 S. 302, and Robson, May 12, 1876, 13 S.L.R. 421.
Page: 701↓
The Court refused the prayer of the note.
Counsel for the Respondent— T. B. Morison. Agent— Peter Morison, S.S.C.
