Dougall v. Caledonian Railway Co. [1912] ScotLR 220 (07 December 1912)

The pursuer's failure to comply with the order to pay expenses as a condition of proceeding entitled the defenders to absolvitor from the conclusions of the summons.

Citation: [1912] ScotLR 220
Parties: Pursuer: Dougall; Defender: Caledonian Railway Company
Jurisdiction: Scotland
Judgment Date: 07 December 1912
Procedural Posture: Damages for Personal Injury / Motion for Absolvitor Following Failure to Pay Expenses After Amendment
Outcome: absolvitor granted to defenders
Legal Topics: Amendment of Record, Payment of Expenses, Absolvitor, Dismissal

Civil Procedure Amendment of Record Payment of Expenses Absolvitor Dismissal

Case Brief

Summary, issues, holding and outcome

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Parties

Dougall

Pursuer

Caledonian Railway Company

Defender

Procedural Posture

Damages for Personal Injury / Motion for Absolvitor Following Failure to Pay Expenses After Amendment

Legal Issues

1 Whether failure to pay opponent's expenses after amendment entitles defender to absolvitor or only dismissal

Ratio Decidendi

The pursuer's failure to comply with the order to pay expenses as a condition of proceeding entitled the defenders to absolvitor from the conclusions of the summons.

Court Disposition

absolvitor granted to defenders

Orders

Defenders assoilzied from the conclusions of the summons and decerned