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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Pirie v. The Caledonian Railway Co. [1890] ScotLR 27_490 (12 March 1890) URL: http://www.bailii.org/scot/cases/ScotCS/1890/27SLR0490.html Cite as: [1890] ScotLR 27_490, [1890] SLR 27_490 |
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Page: 490↓
The Witnesses Out of Jurisdiction Act 1854, section. 1, provides that “If in any action … depending … in the Court of Session … it shall appear to the Court … that it is proper to compel the personal attendance at any trial, of any witness who may not be within the jurisdiction of the Court in which such action is pending, it shall be lawful for such Court … if in … their discretion it shall so seem fit, to order that a … warrant of citation shall issue in special form commanding such witness to attend such trial wherever he shall be within the United Kingdom.” …
A party applying under this statute, presented a note to the Court, which consisted of a signed statement by the agent, that the witnesses designed would not attend without special citation, and concluded with a prayer for warrant to cite, signed by counsel.
Held that this was a proper form of application, and that an affidavit was unnecessary.
Counsel for Petitioner— Wallace. Agent— A. Morison, S.S.C.
