S.S. "Fulwood" Ltd v. Dumfries Harbour Commissioners [1907] ScotLR 566 (19 March 1907)
The Court refused to grant decree against unnamed individuals as they were not properly before the Court and the motion was made too late.
- Citation
- [1907] ScotLR 566
- Parties
- Pursuer/respondent: S. S. 'Fulwood' Limited; Defender/appellant: Dumfries Harbour Commissioners
- Jurisdiction
- Scotland
- Judgment Date
- 19 March 1907
- Procedural Posture
- Appeal / Approval of Auditor's Report After Interlocutor
- Outcome
- motion refused
- Legal Topics
- Expenses, Decree Against Unnamed Commissioners, Liability of Trustees, Timing of Motions
Case Brief
Summary, issues, holding and outcome
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Parties
S. S. 'Fulwood' Limited
Pursuer/respondent
Dumfries Harbour Commissioners
Defender/appellant
Procedural Posture
Appeal / Approval of Auditor's Report After Interlocutor
Legal Issues
- 1 Whether decree for expenses can be granted against unnamed individuals who are not before the court
- 2 Whether motion for decree against individuals was made too late
Ratio Decidendi
The Court refused to grant decree against unnamed individuals as they were not properly before the Court and the motion was made too late.
Court Disposition
motion refused
Orders
- Approve Auditor's report on pursuers' account of expenses
- Ordain defenders to pay pursuers £182, 17s. 7d. sterling
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