Russell v. Macknight's Trustee [1900] ScotLR 37_380 (26 January 1900)

Russell v. Macknight's Trustee [1900] ScotLR 37_380 (26 January 1900)

Section 41 of the Act of Sederunt 1841 makes the provisions of section 46 applicable to new trials, and the Act of 1850 does not repeal these provisions. The pursuer's failure to proceed to trial within twelve months without sufficient cause entitles the defender to absolvitor.

Citation
[1900] ScotLR 37_380
Parties
Pursuer: Mrs Jessie Morison or Russell; Defender: Mr A. E. Macknight's Trustee
Jurisdiction
Scotland
Judgment Date
26 January 1900
Procedural Posture
Jury Trial (civil Action for Damages) / Motion for Absolvitor After Failure to Proceed to New Trial
Outcome
defender assoilzied (absolved) from the conclusions of the action
Legal Topics
Jury Trial Procedure, Failure to Proceed, Abandonment of Suit, Statutory Interpretation
Civil Procedure Personal Injury Jury Trial Procedure Failure to Proceed Abandonment of Suit Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Mrs Jessie Morison or Russell

Pursuer

Mr A. E. Macknight's Trustee

Defender

Procedural Posture

Jury Trial (civil Action for Damages) / Motion for Absolvitor After Failure to Proceed to New Trial

Legal Issues

  1. 1 Whether section 46 of the Act of Sederunt 1841 applies to a new trial granted after a verdict is set aside
  2. 2 Whether the Court of Session Act 1850 impliedly repealed the relevant provisions of the Act of Sederunt 1841

Ratio Decidendi

Section 41 of the Act of Sederunt 1841 makes the provisions of section 46 applicable to new trials, and the Act of 1850 does not repeal these provisions. The pursuer's failure to proceed to trial within twelve months without sufficient cause entitles the defender to absolvitor.

Court Disposition

defender assoilzied (absolved) from the conclusions of the action

Orders

  • The Court assoilzied the defender from the conclusions of the action.