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Civil procedure – Summary cause action for delivery of documents – Competency: Sheriff Court: Allowing an apppeal in a summary cause action in which the appellant sought delivery of certain files, records and documents the respondents held in connection with actions pending in the Court of Session, and which the sheriff considered was incompetently raised in the sheriff court as more appropriate methods were open to the appellant to obtain the remedy he sought, the court held that the sheriff had erred, because the existence of separate, or alternative, or more expeditious procedure could not justify dismissing as incompetent proceedings which were ex facie competent.
Civil procedure – Summary cause action for delivery of documents – Competency: Sheriff Court: Allowing an apppeal in a summary cause action in which the appellant sought delivery of certain files, records and documents the respondents held in connection with actions pending in the Court of Session, and which the sheriff considered was incompetently raised in the sheriff court as more appropriate methods were open to the appellant to obtain the remedy he sought, the court held that the sheriff had erred, because the existence of separate, or alternative, or more expeditious procedure could not justify dismissing as incompetent proceedings which were ex facie competent.
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