Donoghue v Stevenson

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Donoghue v Stevenson – Appeal Papers – Die Jovis 26 Maii 1932, Note and Reclaiming Note

Die Jovis 26 Maii 1932

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Die Jovis, 26º Maii, 1932  

    After hearing Counsel, as well on Thursday the 10th, as on Friday the 11th, days of December last, upon the Petition and Appeal of Mrs. May M'Alister or Donoghue, Pauper, residing care of M'Alister, 49, Kent Street, off London Road, Glasgow, praying, That the matter of the Interlocutor set forth in the Schedule thereto, namely, an Interlocutor of the Lords of Session in Scotland, of the Second Division, of the 13th of November, 1930, might be reviewed before His Majesty the King, in His Court of Parliament, and that the said Interlocutor might be revered, varied, or altered, or that the Petitioner might have such other relief in the premises as to His Majesty the King, in His Court of Parliament, might seem meet; as also upon the printed Case of David Stevenson, lodged in answer to the said Appeal; and due consideration had this day of what was offered on either side in this Cause:

    It is Ordered and Adjudged by the Lords Spiritual and Temporal in the Court of Parliament of his Majesty the King assembled, That the said Interlocutor, of the 13th day of November, 1930, complained of in the said Appeal, be, and the same is hereby, Reversed, and that the Interlocutor of the Lord Ordinary in Scotland (Lord Moncrieff), of the 27th day of June, 1930, thereby Recalled, be, and the same is hereby, Restored: And it is further Ordered, that the said Cause be, and the same is hereby, remitted back to the Court of Session in Scotland to do therein as shall be just and consistent with this Judgment: And it is further Ordered, That the Respondent do pay, or cause to be paid, to the said Appellant the Costs of the Action in the Inner House of the Court of Session and also the Costs incurred by her in respect of the said Appeal to this House, such last-mentioned Costs to be taxed in the manner usual when the Appellant sues in forma pauperis, and the amount thereof to be certified by the Clerk of the Parliaments: And it is also further Ordered, That unless the Costs, certified as aforesaid, shall be paid to the party entitled to the same within one calendar month from the date of the certificate thereof, the Court of Session in Scotland, or the Lord Ordinary officiating on the Bills during the Vacation, shall issue such summary process or diligence for the recovery of such Costs as shall be lawful and necessary.

M'Alister or Donoghue (pauper) v. Stevenson

Die Jovis 26 Maii 1932