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

12

    20th December 1929.—LORD MONCRIEFF.—Act. Cameron.—The Lord Ordinary, in respect that pursuer has failed to pay to the defender Francis Minchella the amount of his taxed expenses, assoilzies said defender from the conclusions of the Summons; and decerns.

ALEX. MONCRIEFF.

    21st February 1930.—LORD MONCRIEFF.—Act. Gibson.—The Lord Ordinary restores the cause to the Procedure Roll.

ALEX. MONCRIEFF.

    On 7th March 1930 the pursuer lodged the Closed Record, as amended (No. 14 of process).

    The cause was thereafter heard in the Procedure Roll when the Lord Ordinary pronounced the following Interlocutor:—

    28th May 1930.—LORD MONCRIEFF.—Act. Morton et Gibson—Alt. Normand et Clyde.—The Lord Ordinary having heard Counsel in the Procedure Roll, Makes avizandum

ALEX. MONCRIEFF.

    On 17th June 1930 the pursuer lodged a Minute of Amendment (No. 15 of process) in the following terms:—

    GIBSON for the pursuer craved leave of the Court to amend the Closed Record (No. 14 of process) as follows, viz., by adding to the end of Condescendence II the following:— 'The said ginger-beer bottle was fitted with a metal cap over its mouth. On the side of the bottle there was pasted a label containing, inter alia, the name and address of the defender, who was the manufacturer. It was from this label that the pursuer's said friend got the name and address of the defender';

when the Lord Ordinary pronounced the following Interlocutor.

    17th June 1930.—LORD MONCRIEFF.—Act. Gibson—Alt. Clyde.—The Lord Ordinary allows the Minute of Amendment

Appellant's Case Page 12