Freely Available British and Irish Public Legal Information
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Cameron v. Menzies. (Ante vol. iv., p. 235.) [1867] ScotLR 5_199 (25 January 1867)
URL: http://www.bailii.org/scot/cases/ScotCS/1867/05SLR0199.html
Cite as: [1867] ScotLR 5_199, [1867] SLR 5_199
[New search] [Printable PDF version] [Help]
SCOTTISH_SLR_Court_of_Session
Page: 199↓
Court of Session Inner House Second Division.
v.
(Ante vol. iv., p. 235.)
Facts:
Verdict of the jury for the pursuer set aside upon the first issue as contrary to the evidence, but sustained upon the second.
In this action, which concluded for reduction of a certain decreet-arbitral pronounced by Alexander Duncan, farmer, Pusk, as oversman in a reference between the pursuer and defender, as incoming and outgoing tenants of the farm of Bullions, the following issues had been sent to the jury:—
“1. Whether the said oversman acted corruptly in pronouncing the said decreet-arbitral?
2. Whether the said decreet-arbitral was wrongfully pronounced by the said Alexander Duncan without hearing the pursuer in the matters thereby depending?”
The jury, at the last July sittings, found for the pursuer on both issues. The defender moved for a new trial on the ground that the verdict was contrary to evidence.
Clark and Watson for defender.
Shand and Asher for pursuer.
The Court granted a rule, and, having heard counsel (the Lord Justice-Clerk dissenting), set aside the verdict upon the first issue; but (Lord Benholme dissenting) refused to set it aside as regards the second issue. The result is that the pursuer may, if he pleases, proceed to a new trial on the first issue, or may give up the first issue, and claim decree of reduction in virtue of the second. In the meantime, all questions of expenses were reserved.
Solicitors: Agents for Pursuer— Adamson & Gulland, W.S.
Agents for Defenders— Curror & Cowper, S.S.C.