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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Evans v. Stool [1886] ScotLR 23_781 (8 July 1886)
URL: http://www.bailii.org/scot/cases/ScotCS/1886/23SLR0781.html
Cite as: [1886] ScotLR 23_781, [1886] SLR 23_781
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SCOTTISH_SLR_Court_of_Session
Page: 781↓
Court of Session Inner House First Division.
v.
(See ante, vol. xxii., p. 872, 12 R. 1295.)
Facts:
Issues were adjusted on 15th June 1886 in an action raised in January 1885. On 18th June 1886 the pursuer gave notice for jury trial at the Summer Sittings. The pursuer then on 5th July, which was the last day on which notices for trial at the Summer Sittings could be given, countermanded this notice and gave notice for trial at the Christmas Sittings. Defenders moved the First Division, under the provisions of
Page: 782↓
A.S. 24th February 1846, “to fix the time and place of trial.” The Court fixed the trial to take place on 27th July in the First Division.
In January 1885 Mrs Fanny Evans, wife of William Evans, pattern-maker, Liverpool, and her husband as her administrator-in-law and as an individual, raised an action against Mrs Amelia Stool, the widow of the deceased Alexander Stool, seaman, Dundee, and others, his representatives.
On 28th May 1885 the Lord Ordinary ( Lee) appointed the pursuers to lodge issues.
On 15th July 1885 the First Division adhered to this interlocutor.
On 15th June 1886 issues were adjusted.
On 18th June 1886 the pursuers gave notice for jury trial at the Summer Sittings.
On 5th July 1886 the pursuers countermanded this notice and gave notice for jury trial at the Christmas Sittings. The 5th of July was the last day on which notices could be given for trial at the Summer Sittings.
The defenders then presented a note to the Lord President, in which they sought that the countermand should be discharged, and that the trial should proceed at the Summer Sittings.
By A. S. 24 February 1846 it is provided that “in case either party countermands the notice of trial given by him, it shall be competent for the Court, if then sitting, or to the Judge at the Sittings, or on the Circuit for which such notice of trial had been given, to fix the time and place of trial, on cause shown by the opposite party.” The defenders argued that they would suffer hardship if the case were delayed until the Christmas Sittings. The Act of Sederunt gave the Court power to fix the time and place of trial, which might be at the Summer Sittings, in spite of the countermand— Campbell v. Caledonian Railway Company, Dec. 6, 1881, 9 R. 251.
The Court, in respect that the pursuers had stated no good reason for their countermand and the postponement of the trial till winter, fixed it to take place on 27th July at the Summer Sittings of the First Division for jury trials.
Counsel for Pursuer— A. S. D. Thomson. Agent— William Officer, S.S.C.
Counsel for Defenders— G. W. Burnet. Agent— George Andrew, S.S.C.