Welsbach Incandescent Gas Light Co., Ltd v. M'Mann [1901] ScotLR 39_270 (21 December 1901)

Welsbach Incandescent Gas Light Co., Ltd v. M'Mann [1901] ScotLR 39_270 (21 December 1901)

Respondent's repeated failure to appear in obedience to court orders justified issuance of warrant for apprehension and incarceration to compel attendance.

Citation
[1901] ScotLR 39_270
Parties
Petitioner: Welsbach Incandescent Gas Light Company, Limited; Respondent: David M'Mann
Jurisdiction
Scotland
Judgment Date
21 December 1901
Procedural Posture
Petition and Complaint for Breach of Interdict / Interlocutor Pronounced Following Respondent's Failure to Appear
Outcome
Warrant granted for apprehension and incarceration of respondent to compel appearance.
Legal Topics
Breach of Interdict, Failure to Appear, Procedure for Apprehension
Civil Procedure Breach of Interdict Failure to Appear Procedure for Apprehension

Case Brief

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Parties

Welsbach Incandescent Gas Light Company, Limited

Petitioner

David M'Mann

Respondent

Procedural Posture

Petition and Complaint for Breach of Interdict / Interlocutor Pronounced Following Respondent's Failure to Appear

Legal Issues

  1. 1 Whether respondent breached interdict
  2. 2 Procedure when respondent fails to appear as ordered

Ratio Decidendi

Respondent's repeated failure to appear in obedience to court orders justified issuance of warrant for apprehension and incarceration to compel attendance.

Court Disposition

Warrant granted for apprehension and incarceration of respondent to compel appearance.

Orders

  • Warrant to macers of Court and messengers-at-arms to apprehend respondent
  • Warrant to incarcerate respondent in jail