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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Sloss v. Cathcart [1865] ScotLR 1_88 (23 December 1865)
URL: http://www.bailii.org/scot/cases/ScotCS/1865/01SLR0088.html
Cite as: [1865] SLR 1_88, [1865] ScotLR 1_88
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SCOTTISH_SLR_Court_of_Session
Page: 88↓
Court of Session Inner House First Division.
v.
Facts:
Form of issue in an action of damages for wrongful interdict.
This is an action of damages for wrongful application for interdict. The pursuer proposed to put in issue that the applications were made “wrongfully.” This was the form of issue in the similar case of Abel's Executors v. Edmond, 10th July 1863. ( 1 Macp. 1061.) The defender contended that the pursuer should also put in issue that the applications were made “without probable grounds,” as was done in the case of Miller v. Hunter, 23d March 1865. ( 3 Macp. 740.) It was explained by the Solicitor-General that in the latter case the terms of the issue were adjusted of consent. The Court approved of the issue as proposed by the pursuer, and found the defender liable in the expense of the discussion.
Counsel for Pursuer—The Solicitor-General and Mr J. G. Smith. Agent— Mr Andrew Fleming, S.S.C.
Counsel for defender— Mr Clark and Mr Adam. Agents— Messrs A. &. A. Campbell, W.S.