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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Lyell v. Gardyne [1867] ScotLR 4_14 (15 May 1867)
URL: http://www.bailii.org/scot/cases/ScotCS/1867/04SLR0014.html
Cite as: [1867] ScotLR 4_14, [1867] SLR 4_14

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SCOTTISH_SLR_Court_of_Session

Page: 14↓

Court of Session.

Wednesday, May 15 1867.

Lord President

4 SLR 14

Lyell

v.

Gardyne

( Ante, vol. iii, p. 299; and ii, p. 261.)


Subject_1Jury Trial
Subject_2New Trial.
Subject_3

Facts:

On report of a Lord Ordinary in a case where a new trial trial had been granted, motion to fix a day for trial during session refused.

Headnote:

A new trial having been granted in this caw, to-day the Lord Ordinary (Barcaple) was moved to fix a day for trial during session. His Lordship reported the case, stating that the trial had before occupied three days, anti that there was no reason to suppose it would be shorter on the next occasion; that this would be very inconvenient during session, and indeed it would be July before he could try the case. His lordship suggested that it was for the Court to say whether it would not be better to try the case at the sittings, and also before another Lord Ordinary.

 Judgment:

The Lord President thought that if the trial were to be during session, it must take place before Lord Barcaple; but considering that it would be July in any view before the case could be tried, the Court held that it should stand over till the sittings. Lord Barcaple would therefore refuse the motion, leaving the parties to give notice of trial for the sittings.

 1867

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URL: http://www.bailii.org/scot/cases/ScotCS/1867/04SLR0014.html