Donoghue v Stevenson

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

Reclaiming Note Page 9

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    25th June 1929. — LORD MONCRIEFF. — Act. Gibson — Alt. Clyde. — The Lord Ordinary continues the adjustment of the Record till Tuesday the 9th day of July 1929.

ALEX. MONCRIEFF.

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

    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.

    20th November 1929. — LORD MONCRIEFF. — Act. Morton, K.C. — Alt. Normand, K.C. et Clyde. — The Lord Ordinary having heard Counsel on the question of the proposed amendment, Makes avizandum.

ALEX. MONCRIEFF.

    27th November 1929. — LORD MONCRIEFF. — Act. Gibson — Alt. Clyde. — The Lord Ordinary having considered the cause, Opens up the Record; allows the same to be amended in terms of the pursuer's Minute of Amendment, No. 10 of process; and the amendments having been made, of new Closes the Record: Finds the pursuer liable to the first defender in his expenses since the Interlocutor dated 5th June 1929, excluding in hoc statu the expenses attendant on the adjustment of the Record; allows an Account to be lodged, and remits the same to the Auditor to tax, and report: Appoints the pursuer to re-print the Record.

ALEX. MONCRIEFF.

Reclaiming Note Page 9