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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Sofio v. Gillespie and Cathcart [1867] ScotLR 3_285 (5 March 1867)
URL: http://www.bailii.org/scot/cases/ScotCS/1867/03SLR0285.html
Cite as: [1867] ScotLR 3_285, [1867] SLR 3_285
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SCOTTISH_SLR_Court_of_Session
Page: 285↓
Court of Session Inner House Second Division.
v.
Facts:
Motion for a commission to examine the pursuer of an action which was to be tried by jury refused.
George Patton, Esq., having on Friday last presented her Majesty's letter appointing him Lord Justice-Clerk and President of the Second Division of the Court, and having thereafter passed his probationary trials and taken the customary oaths, took his seat to-day on the bench as Lord Glenalmond.
In this case issues were adjusted some time ago, which were set down for trial. The pursuer being resident in Messina,
Clark and Strachan to-day moved for a commission to examine witnesses resident abroad, including the pursuer.
Scott, for the defenders, objected in so far as the motion asked the examination of the pursuer on commission.
The Court granted commission to examine witnesses other than the pursuer, but refused the motion quoad him. The pursuer was bound to attend the trial in this country and give his evidence at it.
Agent for Pursuer— James S. Mack, S.S.C.
Agent for Defenders— A. K. Morison, S.S.C.