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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Urquhart v. Bonnar [1866] ScotLR 2_178 (10 July 1866)
URL: http://www.bailii.org/scot/cases/ScotCS/1866/02SLR0178.html
Cite as: [1866] ScotLR 2_178, [1866] SLR 2_178
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SCOTTISH_SLR_Court_of_Session
Page: 178↓
Court of Session Inner House First Division.
v.
( ante, vol. i. p. 217).
Facts:
Motion for a special jury on the ground that the case had been already twice tried by a common jury whose verdict was in each case set aside, refused.
This case has been already twice tried by a common jury, who on both occasions found for the pursuer. Both verdicts were set aside as contrary to evidence, and a third trial is to take place at the ensuing sittings.
Macdonald and Rhind, for the defender, moved for a special jury. There had been already twice a miscarriage of justice, which it was desirable should not occur again.
J. C. Smith, for the pursuer opposed the motion. His client was a poor man, and was entitled to have his case tried by his peers. The result of granting this motion would be to set class against class, which was contrary to the theory and spirit of jury trial.
The Court refused the motion.
Solicitors: Agents for Pursuer— Macgregor and Barclay, S.S.C.
Agent for Defender— Thomas Rankine, S.S.C.