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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Lyell v. Gardyne [1867] ScotLR 4_14 (15 May 1867)
URL: http://www.bailii.org/scot/cases/ScotCS/1867/04SLR0014.html
Cite as: [1867] ScotLR 4_14, [1867] SLR 4_14
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SCOTTISH_SLR_Court_of_Session
Page: 14↓
Court of Session.
v.
( Ante, vol. iii, p. 299; and ii, p. 261.)
Facts:
On report of a Lord Ordinary in a case where a new trial trial had been granted, motion to fix a day for trial during session refused.
A new trial having been granted in this caw, to-day the Lord Ordinary (Barcaple) was moved to fix a day for trial during session. His Lordship reported the case, stating that the trial had before occupied three days, anti that there was no reason to suppose it would be shorter on the next occasion; that this would be very inconvenient during session, and indeed it would be July before he could try the case. His lordship suggested that it was for the Court to say whether it would not be better to try the case at the sittings, and also before another Lord Ordinary.
The