Campbell v. Osborne & Hunter [1913] ScotLR 503 (08 March 1913)

Campbell v. Osborne & Hunter [1913] ScotLR 503 (08 March 1913)

The Court held that the order for trial at the sittings should be discharged and the cause remitted to the Lord Ordinary, implicitly accepting the procedural requirements as set by the rolls and declining to override them without explicit opinion.

Citation
[1913] ScotLR 503
Parties
Pursuer: Henry Campbell; Defenders: Osborne & Hunter
Jurisdiction
Scotland
Judgment Date
08 March 1913
Procedural Posture
Action of Damages / Motion for Inclusion in Trial List; Interlocutor Issued
Outcome
order for trial at sittings discharged; cause remitted to Lord Ordinary
Legal Topics
Jury Trial, Transmission of Cause, Act of Sederunt, Lodging Papers
Civil Procedure Jury Trial Transmission of Cause Act of Sederunt Lodging Papers

Case Brief

Summary, issues, holding and outcome

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Parties

Henry Campbell

Pursuer

Osborne & Hunter

Defenders

Procedural Posture

Action of Damages / Motion for Inclusion in Trial List; Interlocutor Issued

Legal Issues

  1. 1 Whether the pursuer's papers were lodged timeously under section 3 of the Act of Sederunt November 19, 1910
  2. 2 Whether the note appended to the rolls of Court could impose a stricter deadline than the Act of Sederunt

Ratio Decidendi

The Court held that the order for trial at the sittings should be discharged and the cause remitted to the Lord Ordinary, implicitly accepting the procedural requirements as set by the rolls and declining to override them without explicit opinion.

Court Disposition

order for trial at sittings discharged; cause remitted to Lord Ordinary

Orders

  • Discharged the order for trial at the sittings in the ensuing vacation
  • Remitted the cause to the Lord Ordinary to proceed as accords