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The Sheriff Courts (Scotland) Act 1907 (7 Edw. VII, cap. 51), sec. 30, is quoted supra , page 1.
Mrs Mary Rennie or M'Sorley brought an action in the Sheriff Court at Glasgow against John Archibald concluding for (1) damages for alleged rape, and (2) decree of affiliation of an illegitimate child, inlying expenses, and aliment of the child. The pursuer required the cause to be remitted to the Court of Session for jury trial.
Argued for the defender—Even if restricted to the first conclusion, the case was unsuitable for jury trial. Partial abandonment was contrary to the practice of the Court— Hay v. Earl of Morton , 1862, 24 D. 1054 , aff. sub nomine White v. Lord Morton's Trustees , 1866, 4 Macph. (H.L.) 53 , at pages 54 and 59—and if admitted would in this case have the effect of exposing the defender to a double trial of the same question before two separate tribunals.
The Court refused the motion to restrict the conclusions of the action, and remitted the cause to the Sheriff-Substitute to proceed.
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