Scottish Court of Session Decisions

Richard Newton, 46 Watson Street, Dundee, brought an action in the Sheriff Court at Dundee against J. C. Methven, “The Cottage,” Lochee, Dundee, for payment of £100 as damages for injuries sustained in a collision between his (the pursuer's) motor cycle and the defender's motor car through, as he alleged, the fault of the defender's chauffeur. On I7th February 1914 the Sheriff-Substitute ( Neish) assoilzied the defender. The pursuer appealed.

On the case appearing in the Single Bills the appellant presented a note to the Lord President stating that he had, following the usual practice, printed the record from the certified copy initial writ; that the certified copy did not contain adjustments of parties put on at the closing of the record so as to correspond with the principal initial writ as adjusted; and that the record as printed was thus inaccurate. In these circumstances he craved leave to correct the record by including the amendments referred to.

Counsel for the respondent submitted that the Court had no discretionary power to grant the motion, and that the appeal was therefore incompetent. He cited—C.A.S., D, iii, 1; Taylor v. Macilwain, October 18, 1900, 3 F. 1, 38 S.L.R. 1; Lee v. Maxton, February 2, 1904, 6 F. 346, 41 S.L.R. 281; and Bennie v. Cross & Company, March 8, 1904, 6 F. 538, 41 S.L.R. 381.