Wilson v. Dick's Co-Operative Institutions, Ltd [1916] ScotLR 415 (25 February 1916)
The bill of exceptions was not properly framed because it failed to set out in detail the evidence relied upon and improperly appended the entire notes of evidence rather than relevant excerpts within the bill itself, contrary to statutory requirements.
- Citation
- [1916] ScotLR 415
- Parties
- Pursuer: William Ferrier Wilson; Defenders: Dick's Co-Operative Institutions, Limited
- Jurisdiction
- Scotland
- Judgment Date
- 25 February 1916
- Procedural Posture
- Civil Jury Trial / Bill of Exceptions Following Jury Verdict
- Outcome
- bill of exceptions refused
- Legal Topics
- Bill of Exceptions, Jury Trial, Form of Pleadings, Personal Injury, Damages
Case Brief
Summary, issues, holding and outcome
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Parties
William Ferrier Wilson
Pursuer
Dick's Co-Operative Institutions, Limited
Defenders
Procedural Posture
Civil Jury Trial / Bill of Exceptions Following Jury Verdict
Legal Issues
- 1 Whether the bill of exceptions was properly framed in accordance with section 35 of the Court of Session Act 1868
- 2 Whether the inclusion of the entire notes of evidence as an appendix, rather than relevant excerpts in the bill itself, invalidated the bill of exceptions
Ratio Decidendi
The bill of exceptions was not properly framed because it failed to set out in detail the evidence relied upon and improperly appended the entire notes of evidence rather than relevant excerpts within the bill itself, contrary to statutory requirements.
Court Disposition
bill of exceptions refused
Orders
- Bill of exceptions refused; verdict for pursuer stands.
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