Melrose v Hastie. [Court of Session—1st Division.]
| Jurisdiction | Scotland |
| Judgment Date | 07 February 1850 |
| Year | 1850 |
| Docket Number | No. 117 |
| Date | 07 February 1850 |
| Court | Court of Session (Inner House - First Division) |
Jury C.
Process—Jury Trial—Act of Sederunt, 26th Feb. 1846.—
THE pursuers in this case failed to give notice of trial within ten days after the issues were settled, and the defender gave notice in terms of the Act of Sederunt. The trial took place, but the verdict was set aside on a bill of exceptions, and a new trial allowed. The defender gave notice of trial for the March sittings of the Court The pursuers moved the Court to discharge the notice.
The Act of Sederunt, 16th February 1841, sect. 41, provides, ‘that all regulations as to notices of trial, as to abandonment of the suit,’ &c., ‘and all other matters and things hereinbefore provided, for regulating the conduct of parties as to trials, shall be the same in the case of a new trial, as in the case of an original trial.’
The Act of Sederunt, 24th February 1846, provides, ‘that as soon as the issue, or issues, in the cause are finally engrossed and lodged in the office of the Register-House, it shall be competent to the pursuer in the issue, or issues, to give notice of trial; and if the pursuer does not give notice of trial within ten days from the time when the said issue, or issues, are so lodged as aforesaid, or, after giving notice of trial, countermands the same, and does not renew the notice of trial within ten days after such countermand, it shall thereafter be competent to the defender to give notice of trial to the pursuer, and also to countermand such notice of trial, in like manner as is competent to the pursuer. But if the defender countermands, then the pursuer's right to take the lead shall revive for other ten days from the date of such countermand.’
The pursuer in a jury cause having failed to give notice of trial within ten days after the settling of the issues, the defender gave notice in terms of the Act of Sederunt. The jury trial took place, but the verdict was set aside on a...
To continue reading
Request your trial
-
The Jinshin Rebellion and the politics of historical narrative in early Japan.
...the top ministers in Tenchi's government, all of whom had sworn loyalty to Otomo. (11) The Minister of the Right, Nakatomi no Muraji Kane (12) (d. 672), was executed along with eight other people (presumably troublesome mid-ranking officials), and Minister of the Left Soga no Omi Akae Great......