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Cormack v. School Board of Wick and Pulteneytown , 1889, 16 R. 812 , 26 S.L.R. 599 , distinguished.
John M'Murray, 36 Burnhouse Street, Maryhill, Glasgow, pursuer , raised in the Sheriff Court at Glasgow an action of damages against the School Board of Glasgow, defenders , for injuries sustained by his pupil son Peter M'Murray.
The defenders pleaded, inter alia —“(1) The action is irrelevant.”
On 1st June 1915 the Sheriff-Substitute ( Fyfe ) repelled the defenders' first plea and allowed a proof.
The cause having, on the motion of the pursuer, been remitted to the Court of Session for jury trial, and an issue having been lodged, the defenders moved that the action be dismissed as irrelevant.
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