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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Meades v. Beardmore & Co., Ltd [1913] ScotLR 9 (01 July 1913) URL: http://www.bailii.org/scot/cases/ScotCS/1913/51SLR0009.html Cite as: [1913] ScotLR 9, [1913] SLR 9 |
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Page: 9↓
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The Codifying Act of Sederunt, 1913, F, i, 4, enacts that if the day appointed by the Lord Ordinary for the trial of a cause by jury “is later than the next ensuing vacation of the Court or Christmas recess, as the case may be, it shall be in the power of the party to the cause at any time prior to a day three weeks before the said ensuing vacation or recess to enrol the cause before the Lord Ordinary, and to give intimation to the other party that he wishes the cause tried at the sittings in the said vacation or recess.…”
A motion for trial of a cause at the ensuing sittings was enrolled more than three weeks before the ensuing vacation, but the motion itself was not made in Court until a day which was within three weeks thereof.
Held ( per Lord Dewar) that the motion for trial at the sittings was not timeously made.
This was an action of damages at the instance of William Meades, tailor, against William Beardmore & Company, Limited, based upon fatal injury to the pursuer's son caused by a motor car belonging to the defenders. An issue had been approved and a date fixed in the Winter Session 1913–14 for trial of the cause by jury.
On Saturday 28th June 1913 the pursuer enrolled the case for the Lord Ordinary's motion roll of the following Tuesday, 1st July, in order to have the cause tried at the sittings which began on Monday, 21st July.
The Lord Ordinary held that the notice of motion, although lodged with the enrolling clerk prior to a day three weeks before the sittings, was too late, and that the motion to have a cause sent to the sittings must be made “prior to a day three weeks before the sittings.”
Counsel for the Pursuer— A. M. Stuart. Agents— Hume, M'Gregor, & Company, S.S.C.
Counsel for the Defenders— W. Wilson. Agents— Bonar, Hunter, & Johnstone, W.S.
