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Denison v Bell

Judgment Cited in 26 Precedent Map Related
Vincent
JurisdictionScotland
Judgment Date12 November 1852
Date12 November 1852
Docket NumberNo. 2
Year1852
CourtCourt of Session (Inner House - Second Division)
2D DIVISION.

Lord Cowan. R.

No. 2
Denison
and
Bell

Process—Relevancy—Issue.—

IN this case the Lord Ordinary had pronounced the following interlocutor:—‘Having heard parties' procurators on the relevancy of the defences, stated to the action, and upon the terms of the issue proposed for the trial of the cause, reports the matter to the Lords of the Second Division of the Court, in terms of the statute; and appoints the parties to print the issues, with this interlocutor and subjoined note,’ &c.

Where the Lord Ordinary reported a case on the relevancy of the defences, and the form of the issue, ‘in terms of the statute,’—The Court, holding that the provisions of the Act applied only to discussions on the issues, remitted the case to him to dispose of the question of relevancy in the usual way.

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