Anderson v. Morrison [1905] ScotLR 42_428 (11 March 1905)

Anderson v. Morrison [1905] ScotLR 42_428 (11 March 1905)

The Court held that the pursuer's evidence should be taken on commission as his inability to attend court was medically certified, and further postponement was not justified given the length of time the action had been in court.

Citation
[1905] ScotLR 42_428
Parties
Pursuer: James Anderson; Defender: Donald Morrison
Jurisdiction
Scotland
Judgment Date
11 March 1905
Procedural Posture
Action for Damages for Slander / Interlocutory Motion Regarding Evidence on Commission
Outcome
motion granted
Legal Topics
Slander, Commission to Take Evidence, Jury Trial, Postponement of Trial
Civil Procedure Tort Slander Commission to Take Evidence Jury Trial Postponement of Trial

Case Brief

Summary, issues, holding and outcome

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Parties

James Anderson

Pursuer

Donald Morrison

Defender

Procedural Posture

Action for Damages for Slander / Interlocutory Motion Regarding Evidence on Commission

Legal Issues

  1. 1 Whether the pursuer's evidence should be taken on commission due to inability to attend court
  2. 2 Whether postponement of trial is justified given pursuer's prolonged illness

Ratio Decidendi

The Court held that the pursuer's evidence should be taken on commission as his inability to attend court was medically certified, and further postponement was not justified given the length of time the action had been in court.

Court Disposition

motion granted

Orders

  • pursuer's evidence to be taken on commission