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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Ferris v. Glasgow Corporation [1914] ScotLR 229 (03 February 1914) URL: http://www.bailii.org/scot/cases/ScotCS/1914/51SLR0229.html Cite as: [1914] ScotLR 229, [1914] SLR 229 |
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Page: 229↓
( Single Bills.)
When the Court is asked to interpone authority to a joint minute, and neither the opposite party nor his counsel appears, evidence must be produced of timeous intimation of the motion to the other party by registered letter.
Joseph Ferris, miner, 25 Garngad Avenue, Glasgow, pursuer, brought an action against the Corporation of the City of Glasgow, defenders, in which he claimed £750 damages for personal injury sustained, as he alleged, through the fault of the defenders' servants in suddenly starting a tram car while he (the pursuer) was boarding it. The cause having been remitted to the First Division for jury trial, the Court on 18th December 1913 ordered issues.
On 21st January 1914, the action having been extrajudicially settled, counsel for the defenders moved the Court to interpone authority to a joint minute in the following terms:—“The pursuer on his own behalf, and Russell for the defenders, concurred in stating to the Court that this action had been settled extrajudicially, and craved the Court to interpone authority to this minute, to assoilzie the defenders from the conclusions of the action, and to find no expenses due to or by either party. In respect whereof, &c. (Signed) Joseph Ferris, Albert Russell.”
There was no appearance for the pursuer. The attention of the Court having been called by the Principal Clerk of Session to the provisions of the Codifying Act of Sederunt of 1913, Book A, cap. iii, sec. 14, requiring such minutes to be signed by counsel, the LORD PRESIDENT stated that the Court would consult the Judges of the Second Division before disposing of the matter.
On 28th January 1914 the judgment of the Court ( Lord President, Lord Johnston, and Lord Skerrington) was delivered by
Thereafter on 3rd February 1914, evidence having been produced of intimation to the pursuer by registered letter, the Court interponed authority to the joint minute, and in respect thereof assoilzied the defenders.
Counsel for the Defenders— Russell. Agents— St Clair Swanson & Manson, W.S.
