Massie v. The Caledonian Railway Co. [1906] ScotLR 43_281 (16 January 1906)

Massie v. The Caledonian Railway Co. [1906] ScotLR 43_281 (16 January 1906)

Section 40 of the Court of Session Act 1850 does not require that jury trials in cases appealed from the Sheriff Court be fixed within three weeks; the judge may set the trial at any time before the next sittings, with notice if necessary.

Citation
[1906] ScotLR 43_281
Parties
Pursuer: Mrs Margaret Slessor or Massie; Defender: The Caledonian Railway Company
Jurisdiction
Scotland
Judgment Date
16 January 1906
Procedural Posture
Appeal / Remit to Outer House for Jury Trial
Outcome
remitted to Outer House for jury trial
Legal Topics
Jury Trial, Appeal Procedure, Remit From Sheriff Court, Court of Session Act 1850 Section 40
Civil Procedure Jury Trial Appeal Procedure Remit From Sheriff Court Court of Session Act 1850 Section 40

Case Brief

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Parties

Mrs Margaret Slessor or Massie

Pursuer

The Caledonian Railway Company

Defender

Procedural Posture

Appeal / Remit to Outer House for Jury Trial

Legal Issues

  1. 1 Does section 40 of the Court of Session Act 1850 require a jury trial to be fixed within three weeks in cases appealed from the Sheriff Court?
  2. 2 What is the proper procedure for fixing a trial date in such remitted cases?

Ratio Decidendi

Section 40 of the Court of Session Act 1850 does not require that jury trials in cases appealed from the Sheriff Court be fixed within three weeks; the judge may set the trial at any time before the next sittings, with notice if necessary.

Court Disposition

remitted to Outer House for jury trial

Orders

  • Case remitted to Outer House for jury trial
  • No requirement to fix trial within three weeks under section 40