Cullen v. Magistrates of Edinburgh [1903] ScotLR 40_348 (05 February 1903)

Cullen v. Magistrates of Edinburgh [1903] ScotLR 40_348 (05 February 1903)

The pursuer's failure to pay the fee fund dues necessary for summoning a jury rendered the trial impossible on the appointed date, and under the Act of Sederunt 16th Feb. 1841, sec. 46, this justified dismissal of the action with expenses.

Citation
[1903] ScotLR 40_348
Parties
Pursuer: John Cullen; Defenders: Lord Provost, Magistrates, and Council of the City of Edinburgh
Jurisdiction
Scotland
Judgment Date
05 February 1903
Procedural Posture
Jury Trial Civil Damages / Motion to Dismiss Prior to Trial
Outcome
action dismissed with expenses
Legal Topics
Jury Trial, Dismissal for Non Payment of Fees, Act of Sederunt 16th Feb. 1841 Sec. 46
Civil Procedure Jury Trial Dismissal for Non Payment of Fees Act of Sederunt 16th Feb. 1841 Sec. 46

Case Brief

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Parties

John Cullen

Pursuer

Lord Provost, Magistrates, and Council of the City of Edinburgh

Defenders

Procedural Posture

Jury Trial Civil Damages / Motion to Dismiss Prior to Trial

Legal Issues

  1. 1 Whether failure to pay fee fund dues required for summoning a jury justifies dismissal of the action under Act of Sederunt 16th Feb. 1841, sec. 46.

Ratio Decidendi

The pursuer's failure to pay the fee fund dues necessary for summoning a jury rendered the trial impossible on the appointed date, and under the Act of Sederunt 16th Feb. 1841, sec. 46, this justified dismissal of the action with expenses.

Court Disposition

action dismissed with expenses

Orders

  • action dismissed
  • defenders awarded expenses