Donoghue v Stevenson

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Donoghue v Stevenson – Appeal Papers – Appellant’s Case

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Appellant's Case

INTERLOCUTORS
and
PROCEDURE

10

    9th July 1929.—LORD MONCRIEFF.—Act. Gibson—Alt. Clyde, Cameron.—The Lord Ordinary further continues the adjustment of Record till 16th inst.

ALEX. MONCRIEFF.

    16th July 1929.—LORD MONCRIEFF.—Act. Gibson—Alt. Clyde—Alt. Cameron.—The Lord Ordinary closes the Record on the Summons (as amended) and Defences, Nos. 1, 5 and 8 of process; and, on the motion of Counsel, appoints the cause to be put to the Procedure Roll.

ALEX. MONCRIEFF.

    On 14th October 1929 the pursuer lodged the Closed Record (No. 9 of process.)

    On 18th October 1929 the Lord Ordinary, after hearing parties in a discussion in the Procedure Roll, continued the cause in order that the pursuer might have an opportunity of re—considering her position.

    On 6th November 1929 the pursuer lodged a Minute of Amendment (No. 10 of process) craving the leave of the Court to abandon the action against the said Francis Minchella. Whereupon the Lord Ordinary pronounced the following Interlocutor:—

    19th November 1929.—LORD MONCRIEFF.—Act. Gibson—Alt. Clyde—Alt. Cameron.—The Lord Ordinary allows the Minute of Amendment, No. 10 of process, to be received and seen, and in respect the pursuer has, by said Minute, abandoned the action against Francis Minchella, the defender second called, appoints the second defender to give in an Account of Expenses; and remits the same, when lodged, to the Auditor to tax, and report.

ALEX. MONCRIEFF.

    On 20th November 1929, the Lord Ordinary heard Counsel for the parties on the pursuer's said Minute of Amendment (No. 10 of process), and thereafter pronounced the following Interlocutors:—

    20th November 1929.—LORD MONCRIEFF.—Act. Morton, K.C.—Alt. Normand, K.C. et Clyde.—The Lord Ordinary

Appellant's Case Page 10