Scottish Court of Session Decisions

Subject_1Process
Subject_2Court of Session Act 1850 (13 and 14 Vict. c. 36), sec. 40
Subject_3A.S., 24th February 1846
Subject_4Fixing Date and Place of Jury Trial.
Facts:

In an action for slander issues were adjusted before the Lord Ordinary on 1st November. On 19th November, being more than ten days thereafter, the pursuer enrolled the case to fix a diet for trial before the Lord Ordinary. On the 21st the defender, in exercise of his right under the A.S., February 24, 1846, gave notice of motion to have the trial at the Spring Circuit at Inverary. The Lord Ordinary reported the case verbally to the First Division of the Court, in terms of sec. 40 of the Court of Session Act 1850. The pursuer quoted Moffat v. Lamont, January 7, 1859, 21 D. 212; Hutchison & Co. v. West of Scotland Fishery Company, May 15, 1860, 22 D. 1068; and urged that the action being one of slander, ought to be disposed of as soon as possible. The defender argued that it would be more convenient and less expensive to have the trial at Inverary, and cited North British Railway Company v. Leadburn, &c., Railway Company, January 12, 1865, 3 Macph. 340. The Lords ( dub. Lord Shand) ordered the trial to proceed before the Lord Ordinary, on a day to be fixed by him.