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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Camphell v M'Neill [1837] CS 16_291b (21 December 1837)
URL: http://www.bailii.org/scot/cases/ScotCS/1837/016SS0291b.html
Cite as: [1837] CS 16_291b
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SCOTTISH_Court_of_Session_Shaw
Page: 291↓
v.
Sol.-Gen. Rutherfurd— Forsyth.
D. F. Hope— Miller.
Subject_Process — Jury Trial. —
Rule to show cause why a new trial should not be allowed, granted without counsel being required to go into the case, on a statement by the party applying therefor that the presiding Judge had said his evidence disproved and excluded the evidence of the other party.
Facts:
This was a question as to disputed marches in the Island of Jura, in which the pursuer had obtained a verdict. The defender now moved for a rule to show cause why a new trial should not be granted. Without requiring the defender's counsel to go into the case, but upon his stating that the Judge presiding at the trial had said in his charge “that the evidence for the defender disproved and excluded the evidence for the pursuer.”
The Court granted the rule.
Solicitors: Tho. Ranken, S. S. C.— Arch. M'Neill, W. S. — Agents.