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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Union Bank v. Ross [1866] ScotLR 2_86 (15 June 1866)
URL: http://www.bailii.org/scot/cases/ScotCS/1866/02SLR0086.html
Cite as: [1866] SLR 2_86, [1866] ScotLR 2_86
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SCOTTISH_SLR_Court_of_Session
Page: 86↓
Court of Session Inner House First Division.
v.
Facts:
A pursuer having given notice of trial for the July sittings, and the defender having moved the Lord Ordinary to fix a day for the trial before himself—trial fixed for the sittings.
Issues in this case were adjusted before the Lord Ordinary on 12th June. On the 14th the pursuers gave notice of trial for the July sittings. The defender to-day moved the Lord Ordinary to fix a day for the trial before himself. The Lord Ordinary reported the case.
Millar, for the pursuers (with him Lee), argued that they were entitled to the lead for ten days after the adjustment of issues. They had given notice for the sittings, which would take place in five weeks. He cited Faulks v. Park, 16 D. 93; and Bell v. Anderson, 24 D. 603.
Pattison, for the defender (with him F. W. Clark), answered—The case is a short one, and will be conveniently tried before the Lord Ordinary. The second meeting for the adjustment of issues took place on 6th June, when the Lord Ordinary pronounced an interlocutor reporting them; but the pursuers thereafter gave up an issue which they had proposed, and the issues were then approved of.
The Lord President—There is very little time to be gained by having the trial before the Lord Ordinary, and I think there is good reason for depriving the pursuers of their lead.
The trial was accordingly fixed to take place at the sittings.
Solicitors: Agents for Pursuers— Mackenzie & Kermack, W.S.
Agent for Defender— James Paris, S.S.C.