Page: 441↓
( Ante, pp. 61 and 137.)
In this action the jury returned a verdict in favour of the pursuers, assessing the damages at £240. The defenders having obtained a rule on the pursuers to show cause why a new trial should not be granted, on the ground that the verdict was against the weight of evidence, the Court after hearing parties discharged the rule and applied the verdict, finding the pursuers entitled to their expenses in the cause. The pursuers' counsel then moved that in order to avoid the expense of an application for a judicial factor, the sum of £160, being that apportioned to the minor pursuers, be paid over to their uncle by marriage, to be administered by him for their behoof, he finding caution for the amount. The Court, following the case of Collins, supra, granted the motion.
Counsel for Pursuers— D-F. Macdonald, Q.C.—G. Burnet. Agent— John Macpherson, W.S.
Counsel for Defenders—Lord Advocate ( Balfour, Q.C.)— Strachan. Agent— T. F. Weir, S.S.C.