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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Pirrie and Another v. M'Neil [1922] ScotLR 162 (16 February 1922)
URL: http://www.bailii.org/scot/cases/ScotCS/1922/59SLR0162.html
Cite as: [1922] ScotLR 162, [1922] SLR 162
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SCOTTISH_SLR_Court_of_Session
Page: 162↓
Court of Session Inner House Second Division.
[Sheriff Court at Stranraer.
v.
Facts:
In an action of damages for personal injuries brought in the Sheriff Court the Sheriff-Substitute “on the motion of parties' procurators” allowed a proof. The pursuers subsequently required the cause to be remitted to the Court of Session for jury trial. A question having been raised by the Clerk of Court as to the competency of the remit in view of the joint motion for proof in the Sheriff Court, the Court allowed an issue.
Archibald Gillies Pirrie and Mrs Elizabeth Reynolds or Pirrie, his wife, pursuers, brought an action of damages for personal injuries in the Sheriff Court at Stranraer against John M'Neil, farmer, Kirkcolm, Wigtown, defender.
On 19th January 1922 the Sheriff-Substitute ( Watson) pronounced the following interlocutor—“On the motion of parties' procurators, allows to the parties a proof of their respective averments.”
The pursuers thereafter required the cause to be remitted to the Court of Session for jury trial. On the case appearing in the Single Bills counsel for the pursuers moved the Court to approve of an issue for the trial of the cause. The Clerk of Court called their Lordships' attention to the terms of the interlocutor of 19th January 1922 as inferring a joint agreement to refer the cause to proof, and therefore barring the pursuers from applying to the Court, of Session for jury trial.
Counsel for the defenders intimated that he did not oppose the motion for an issue, and referred to the following authorities:— Paterson v. Kidd's Trustee, 1896, 23 R. 737, 33 S.L.R. 568; Fleming v. Eadie, 1897, 25 R. 3, 35 S.L.R. 1; Sheriff Courts (Scotland) Act 1907 (7 Edw. VII, cap. 51), sec. 30.
The Court (
Counsel for Pursuers and Appellants— Grainger Stewart. Agents— Simpson & Marwick, W.S.
Counsel for Defender and Respondent— Patrick. Agents— Armstrong & Hay, S.S.C.