Lee v. Pollock's Trustees [1906] ScotLR 43_657 (02 June 1906)

Lee v. Pollock's Trustees [1906] ScotLR 43_657 (02 June 1906)

The pursuer has an absolute right to withdraw a minute of abandonment; the case returns to its prior position, and the defender may move for absolvitor if delay is caused; the Lord Ordinary must proceed as justice requires.

Citation
[1906] ScotLR 43_657
Parties
Pursuer: John Bethune Walker Lee; Defender: Mrs Martha Jamieson or Pollock and others, trustees under the trust-disposition and settlement of Andrew Pollock
Jurisdiction
Scotland
Judgment Date
02 June 1906
Procedural Posture
Action of Declarator and for Payment of Casualty / Reclaiming Note Against Lord Ordinary's Interlocutor
Outcome
Lord Ordinary's interlocutor recalled; pursuer's motion to withdraw minute of abandonment sustained; cause remitted to Lord Ordinary to proceed as just.
Legal Topics
Abandonment of Action, Withdrawal of Minute of Abandonment, Judicature Act 1825, Act of Sederunt 1828
Civil Procedure Abandonment of Action Withdrawal of Minute of Abandonment Judicature Act 1825 Act of Sederunt 1828

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Parties

John Bethune Walker Lee

Pursuer

Mrs Martha Jamieson or Pollock and others, trustees under the trust-disposition and settlement of Andrew Pollock

Defender

Procedural Posture

Action of Declarator and for Payment of Casualty / Reclaiming Note Against Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether a pursuer has an absolute right to withdraw a minute of abandonment
  2. 2 Effect of failure to pay taxed expenses after lodging minute of abandonment
  3. 3 Discretion of the Lord Ordinary in allowing withdrawal

Ratio Decidendi

The pursuer has an absolute right to withdraw a minute of abandonment; the case returns to its prior position, and the defender may move for absolvitor if delay is caused; the Lord Ordinary must proceed as justice requires.

Court Disposition

Lord Ordinary's interlocutor recalled; pursuer's motion to withdraw minute of abandonment sustained; cause remitted to Lord Ordinary to proceed as just.

Orders

  • Allow pursuer to withdraw minute of abandonment
  • Remit cause to Lord Ordinary to proceed as just