Scottish Court of Session Decisions

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URL: http://www.bailii.org/scot/cases/ScotCS/1865/01SLR0034_3.html
Cite as: [1865] SLR 1_34_3, [1865] ScotLR 1_34_3

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SCOTTISH_SLR_Court_of_Session

Page: 34↓

Court of Session Outer House.

(Before Lord Ormidale.)

1 SLR 34_3

The Lord Advocate on Behalf of the War Department

v.

Lang, Procurator-Fiscal of Glasgow.
Headnote:

The Crown raised this action for the purpose of having suspended a charge threatened to be made against it for £37, 10s. 6d., being the cost of relaying the foot pavement in Gallowgate, Glasgow, opposite the infantry barracks. Various pleas were stated by the parties, but latterly a minute was lodged stating that as they were both desirous to have a decision in this process with respect to the liability of the Crown or the War Department, under the Glasgow Police Act 1862, to repair the pavement, they departed from all pleas which might interfere with such decision being pronounced.

Judgment:

Lord Ormidale intimated to-day that after giving consideration to the case he felt himself under the necessity of holding, in conformity with English precedents, that the Crown was not liable to pay the sum charged. The charge will therefore be suspended, but no expenses will be found due to the Crown.

Counsel:

Counsel for War Department— Mr Henry J. Moncreiff. Agent— Mr W. Waddell, W.S.

Counsel for Procurator-Fiscal— Mr A. B. Shand. Agents— Messrs Campbell & Smith, S.S.C.
1865

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