Donaghy v. M'Gorty [1916] ScotLR 456 (17 March 1916)

Pursuer's failure to fee fund precept for citation of jury as required by statutory rules justified discharge of trial, assoilzie of defender, and award of expenses.

Citation: [1916] ScotLR 456
Parties: Pursuer: James Donaghy; Defender: Gerald M'Gorty
Jurisdiction: Scotland
Judgment Date: 17 March 1916
Procedural Posture: Personal Injury Damages / Interlocutory Judgment
Outcome: defender assoilzied; pursuer found liable in expenses
Legal Topics: Jury Trial, Decree by Default, Expenses, Failure to Fee Fund Precept

Civil Procedure Jury Trial Decree by Default Expenses Failure to Fee Fund Precept

Case Brief

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Parties

James Donaghy

Pursuer

Gerald M'Gorty

Defender

Procedural Posture

Personal Injury Damages / Interlocutory Judgment

Legal Issues

1 Whether failure by pursuer to fee fund precept for citation of jury warrants assoilzie of defender and award of expenses

Ratio Decidendi

Pursuer's failure to fee fund precept for citation of jury as required by statutory rules justified discharge of trial, assoilzie of defender, and award of expenses.

Court Disposition

defender assoilzied; pursuer found liable in expenses

Orders

Discharge order for trial set down for 20th March 1916
Assoilzie defender from conclusions of action