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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Hamilton v. Hamilton's Trustees [1890] ScotLR 27_672 (30 May 1890)
URL: http://www.bailii.org/scot/cases/ScotCS/1890/27SLR0672.html
Cite as: [1890] ScotLR 27_672, [1890] SLR 27_672
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SCOTTISH_SLR_Court_of_Session
Page: 672↓
Court of Session Inner House First Division.
v.
( Ante, vol. xxvi., p. 679; and 16 R. 1001.)
Facts:
A cause brought into the Inner House on a notice for trial, and set down for trial at the summer sittings, was settled on the day of trial, and the jury who had been empanelled were, on the joint motion of the parties, discharged by the presiding Judge.
Held that the case was not thereby remitted to the Lord Ordinary for further procedure.
This was a case of reduction of a trust-disposition and settlement. It was brought into the Inner House on a notice for trial, and was set down for trial before the First Division at the July sittings in 1889. The parties settled the case on the day of trial, after the jury had been empanelled, and on the joint motion of the parties the presiding Judge discharged the jury. On 30th May 1890 the parties put in a joint-minute to the effect that decree of absolvitor should be pronounced and neither parties be found entitled to expenses, and moved the Court for decree in terms thereof.
Authority— Harvie v. Clark, June 19, 1861, 33 Scot. Jur. 578.
The Court granted decree as craved, holding that the case was not remitted to the Lord Ordinary when the jury was discharged, but continued in the Inner House for the purpose of the further procedure therein.
Counsel for the Pursuer— Shaw. Agents— Carmichael & Miller, W.S.
Counsel for the Defenders— C. S. Dickson. Agents— Webster, Will, & Ritchie, S.S.C.