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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Nicolson v. Dallas [1869] ScotLR 7_181_1 (16 December 1869) URL: http://www.bailii.org/scot/cases/ScotCS/1869/07SLR0181_1.html Cite as: [1869] ScotLR 7_181_1, [1869] SLR 7_181_1 |
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Page: 181↓
Circumstances in which the Court refused to allow additional proof under the 72d section of the Court of Session (Scotland) Act 1868.
Page: 182↓
This was an appeal against a judgment of the Sheriff of Inverness-shire, refusing a motion made by the appellant for an adjournment of a diet of proof. The reason urged for the adjournment was that the appellant (who was the defender in the action) had been entitled to expect the attendance of the pursuer at the diet of proof, and had therefore not cited him, and that the pursuer had not appeared at the diet. The Sheriff-substitute found that the reason assigned was no reason, and the Sheriff adhered. The appellant now brought the present appeal, and craved to be allowed further proof under the 72d section of the recent Act. Strachan for him.
Kerr in answer.
The Court dismissed the appeal, holding that no case had been made out for the allowance of proof asked.
Agent for Appellant— James Barclay, S.S.C.
Agents for Respondent— Murdoch, Boyd & Co., S.S.C.