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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Gordon v. Scottish North-Eastern Railway [1867] ScotLR 3_266_1 (23 February 1867)
URL: http://www.bailii.org/scot/cases/ScotCS/1867/03SLR0266_1.html
Cite as: [1867] SLR 3_266_1, [1867] ScotLR 3_266_1
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SCOTTISH_SLR_Court_of_Session
Page: 266↓
Court of Session Inner House First Division.
v.
Facts:
A case having been transmitted to the Inner House by notice of trial, warrant for its retransmission granted, the pursuer being desirous to move the Lord Ordinary to fix a day for trial before himself.
In this case the defenders had given notice of trial for the sittings which had the effect of transferring the case to the Inner House. The pursuer now wished to move the Lord Ordinary to fix a day for trial before himself in the Outer House, but he could not do so as the process was not in the Outer House. He therefore moved the Court to order the tranmission of the process to the Outer House. The defenders objected, but the Court, following the case of Taylor in 1859 (unreported), granted warrant to re-transmit the process to the Outer House.
Counsel for Pursuer- Mr H. J.Moncreiff. Agent— Æneas MacBean, W.S.
Counsel for Defenders- Mr Birnie and Mr Asher. Agents— James Webster, S.S.C., and John Henry, S.S.C.