Donoghue v Stevenson

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Donoghue v Stevenson – Appeal Papers – Appellant’s Case

Appellant's Case Page 14

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Appellant's Case

INTERLOCUTORS
and
PROCEDURE

14

allows an Account thereof to be lodged, and remits the same to the Auditor to tax, and report.

ALEX. MONCRIEFF.

Appendix—
Page 3

    The Lord Ordinary issued therewith a Note which is printed in the Appendix hereto

    On 3rd July 1930 the defender boxed and lodged a Reclaiming Note to the Second Division of the Court of Session against the Lord Ordinary's Interlocutor of 27th June 1930.

    On 4th July 1930 the Second Division pronounced the following Interlocutor:—

    Edinburgh, 4th July 1930.—The Lords appoint the cause to be put to the Summar Roll.

ROBERT MUNRO, I.P.D.

    Parties having been heard on the Reclaiming Note before their Lordships of the Second Division on 12th and 13th November 1930 their Lordships on 13th November 1930 pronounced the following Interlocutor:—

    'Edinburgh, 13th November 1930.—The Lords having considered the Reclaiming Note for the defender against the Interlocutor of Lord Moncrieff, dated 27th June 1930, and heard Counsel for the parties, recall the said Interlocutor: Dismiss the Action; and decern: Find the pursuer liable to the defender in expenses in the action and remit the Account, when lodged, to the Auditor to tax, and to report.

ROBERT MUNRO, I.P.D.'



Appendix—
Page 21

    The Opinions delivered by their Lordships of the Second Division of the Court of Session who heard the Debate are printed in the Appendix.

    The appellant having been advised that the said Interlocutor dated 13th November 1930 is erroneous and contrary to law

Appellant's Case Page 14