Ogg v. Scott [1914] ScotLR 107 (20 November 1914)

Ogg v. Scott [1914] ScotLR 107 (20 November 1914)

The case was deemed unsuitable for jury trial due to its small character, the defender's limited means, and the disproportionate expense of bringing witnesses to Edinburgh; thus, the statutory discretion was exercised to remit the case back to the Sheriff Court.

Citation
[1914] ScotLR 107
Parties
Pursuer: Lilias Nicol Ogg; Defender: George Scott
Jurisdiction
Scotland
Judgment Date
20 November 1914
Procedural Posture
Civil / Application for Remit to Court of Session for Jury Trial
Outcome
application refused; case remitted to Sheriff Court
Legal Topics
Remit to Higher Court, Jury Trial, Breach of Promise of Marriage
Civil Procedure Remit to Higher Court Jury Trial Breach of Promise of Marriage

Case Brief

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Parties

Lilias Nicol Ogg

Pursuer

George Scott

Defender

Procedural Posture

Civil / Application for Remit to Court of Session for Jury Trial

Legal Issues

  1. 1 Whether the case should be remitted from the Sheriff Court to the Court of Session for jury trial under section 30 of the Sheriff Courts (Scotland) Act 1907

Ratio Decidendi

The case was deemed unsuitable for jury trial due to its small character, the defender's limited means, and the disproportionate expense of bringing witnesses to Edinburgh; thus, the statutory discretion was exercised to remit the case back to the Sheriff Court.

Court Disposition

application refused; case remitted to Sheriff Court

Orders

  • The cause is remitted to the Sheriff Court for proof.