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Wallace brought an action against Dickson and others, as members of the committee of management of the Portobello United Associate Congregation, for payment of certain accounts for building and fitting up a chapel at Portobello for the use of the congregation. Defences, denying liability, having been lodged, issues involving a question of resting owing were adjusted, and sent to trial by jury.
Thereafter, a notice of motion was given by the pursuer for decree against those defenders who were absent at the trial, by whom a counter notice of motion was made, to the effect that the Court would be moved to dismiss the action as against them, in respect of the pursuer's failure to proceed with his evidence within year and day, as prescribed by the A. S. 29th November 1825, § 47.
The Court accordingly ‘appoint the case to go to trial against the defenders, who now make appearance, reserving all questions of expenses.’
Act. P. Robertson. Alt. R. Macfarlane. James Morgan, S. S. C. and John Henderson, S. S. C. Agents. B. Clerk.
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