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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Duke of Buccleuch and Others v. Cowan and Others [1873] ScotLR 10_513 (13 June 1873)
URL: http://www.bailii.org/scot/cases/ScotCS/1873/10SLR0513.html
Cite as: [1873] ScotLR 10_513, [1873] SLR 10_513
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SCOTTISH_SLR_Court_of_Session
Page: 513↓
Court of Session Inner House Second Division.
v.
( Ante, p. 494.)
Facts:
In this case, after the Lord Justice-Clerk had prepared a draft-interlocutor granting interdict in terms of the issue against the defender, Counsel for the pursuers appeared at the Bar and insisted that they were entitled to have interdict, not in the words of the issue, but in terms of the conclusion of the summons—(see p. 499, ante).
After argument, the Court granted interdiet in the following terms:—
“Prohibit and interdict the defenders from discharging into the said water of the North Esk from their respective paperworks any impure stuff or matter of any kind, whereby the said water in its progress through or along the property of the pursuers or any of them may be polluted or rendered unfit for domestic use, or for the use of cattle.”
Counsel for Pursuer— Watson and Johnstone. Agents— Gibson & Strathearn, W.S.
Counsel for Defender—Solicitor-General (Clark), Q.C. and Asher. Agents— White, Allardice & Dobson, W.S.