Donoghue v Stevenson

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Donoghue v Stevenson – Appeal Papers – Appellant’s Case

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amendment for pursuer, tendered at the Bar, to be received, and marked No. 15 of process; allows the defender to answer the same within six days.

ALEX. MONCRIEFF.

    On 23rd June 1930 the Respondent lodged Answers (No. 16 of process) to said Minute in the following terms:—

    CLYDE for the defender craved and hereby craves leave of the Court to answer the Minute of Amendment for the pursuer (No. 15 of process) as follows, viz.:— by adding at the end of Answer 2 the following:— 'Explained that the defender has never issued bottles answering the description given by the pursuer'.

    Thereafter the Lord Ordinary pronounced the following Interlocutor:—

    24th June 1930.—LORD MONCRIEFF.—Act. Gibson—Alt. Clyde.—The Lord Ordinary opens up the Record; allows the same to be amended in terms of Minute for pursuer and Answers for defender, Nos. 15 and 16 of process, and the same having been done, of new Closes the Record, and makes avizandum.

ALEX. MONCRIEFF.

    The Lord Ordinary thereafter pronounced the following Interlocutor:—

    27th June 1930.—LORD MONCRIEFF.—Act. Gibson—Alt. Clyde.—The Lord Ordinary having considered the cause, Repels the first Plea in Law for the defender; Allows the parties a proof of their averments, and to the pursuer a conjunct probation—the proof to proceed on a day to be fixed: Finds the pursuer entitled to the expenses of the discussion in the Procedure Roll, so far as not already dealt with in the Interlocutor of 27th November 1929;

Appellant's Case

INTERLOCUTORS
and
PROCEDURE

Appellant's Case Page 13