Appeals

27 Appeal to sheriff.

Subject to the provisions of this Act an appeal to the F1sheriff principal shall be competent against all final judgments of the F1sheriff and also against interlocutors—

(A)

Granting or refusing interdict, interim or final;

(B)

Granting interim decree for payment of money other than a decree for expenses, or making an order ad factum præstandum;

(C)

Sisting an action;

(D)

Allowing or refusing or limiting the mode of proof . . . F2;

(E)

F3Refusing a reponing note; or

(F)

Against which the F1sheriff either ex proprio motu or on the motion of any party grants leave to appeal;

  • Provided always that notwithstanding the death, resignation, or removal of a F1sheriff principal appeals may be taken from the judgment of the F1sheriff, which appeals shall be heard by the succeeding F1sheriff principal when he shall enter upon office.

  • F3It shall be competent for the F1sheriff principal. when the action is before him on appeal on any point, to open the record ex proprio motu, if the record shall appear to him not to have been properly made up, or to allow further proof.