Moffat v. Sewell [1924] ScotLR 577 (27 June 1924)

Moffat v. Sewell [1924] ScotLR 577 (27 June 1924)

The defender's motion to remit the case back to the Sheriff Court was refused because the objection was not taken timeously in the Single Bills, as required by procedural rules. The case was suitable for jury trial and no reason was assigned for refusing it.

Citation
[1924] ScotLR 577
Parties
Pursuer: Mrs Margaret Sinclair or Moffat; Defender: John George Sewell
Jurisdiction
Scotland
Judgment Date
27 June 1924
Procedural Posture
Action for Damages for Personal Injuries / Motion to Remit Case Back to Sheriff Court After Removal for Jury Trial
Outcome
motion refused
Legal Topics
Removal to Court of Session, Jury Trial, Timeliness of Procedural Objections
Civil Procedure Personal Injury Removal to Court of Session Jury Trial Timeliness of Procedural Objections

Case Brief

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Parties

Mrs Margaret Sinclair or Moffat

Pursuer

John George Sewell

Defender

Procedural Posture

Action for Damages for Personal Injuries / Motion to Remit Case Back to Sheriff Court After Removal for Jury Trial

Legal Issues

  1. 1 Whether motion to remit case back to Sheriff Court was timeously made
  2. 2 Whether case was suitable for jury trial

Ratio Decidendi

The defender's motion to remit the case back to the Sheriff Court was refused because the objection was not taken timeously in the Single Bills, as required by procedural rules. The case was suitable for jury trial and no reason was assigned for refusing it.

Court Disposition

motion refused

Orders

  • proposed issue for jury trial approved