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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> M'Farlane v. Cherrie [1868] ScotLR 5_733 (20 July 1868) URL: http://www.bailii.org/scot/cases/ScotCS/1868/05SLR0733.html Cite as: [1868] ScotLR 5_733, [1868] SLR 5_733 |
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Page: 733↓
Jury Trials.
(Before
The pursuer in this case was John M'Farlane, spirit dealer, Main Street, Coatbridge, and the defender was John Cherrie, accountant in Coatbridge, trustee on the trust-estate of William Murray, sometime joiner, cabinetmaker, and coach builder, Coatbridge. The issues submitted to the jury were in the following terms:—
“1. Whether, on or about the 12th day of November 1867, the defender wrongfully and oppressively sequestrated the utensils, furniture, goods, and other effects, or any part thereof, within the shop, dwelling-house, and pertinents situated in Main Street, Coatbridge, occupied by the pursuer, for payment of the half-year's rent of said premises, alleged to be due at the term of Martinmas preceding, and in security of the half-year's rent alleged to be due at the term of Whitsunday immediately following—to the loss, injury, and damage of the pursuer?
2. Whether the defender wrongfully and oppressively continued and kept up the said sequestration over all or any part of the said subjects and effects—to the loss, injury and damage of the pursuer?”
Damages were laid at £500.
Fraser and Gebbie for pursuer.
Gifford and R. V. Campbell for defender.
The jury, after an absence of about a quarter of an hour, returned a unanimous verdict for the defender on the first issue, and for the pursuer on the second; assessing the damages at £50.
Solicitors: Agents for Pursuer— M'Gregor & Barclay, S.S.C.
Agent for Defender— Alexander Wylie, W.S.
