Scottish Court of Session Decisions

On 12th June 1901 the Welsbach Incandescent Gas Light Company, Limited, presented a petition and complaint against David M'Mann, 241 George Street, Aberdeen, in which they alleged that he had been guilty of breach of interdict.

Answers were lodged by the respondent in which he denied having committed breach of interdict.

A proof was taken before Lord Adam on 20th July 1901.

When the case came on for hearing upon the evidence before the First Division, the respondent was represented by counsel, but failed to appear personally, and the case was continued for a week to give him an opportunity of appearing. He again failed to appear, and the Court on 14th December 1901, on the motion of the petitioners, pronounced the following interlocutor:—“Appoint the respondent to appear personally at the bar of this Court on Saturday next the 21st instant at ten o'clock a.m., under certification that if he do not obtemper this order warrant for his apprehension will be issued.”

The respondent failed to obtemper this order, and on 21st December 1901 the Court pronounced the following interlocutor:—

“The Lords having resumed consideration of the petition and complaint, and heard counsel for the complainers, in respect that the respondent David M'Mann has failed to appear at the bar of this Court in obedience to the order contained in the interlocutor dated 14th December current, on the motion of the complainers grant warrant to macers of Court and messengers-at-arms, or other officers of the law, to search for, take, and apprehend the person of the said David M'Mann, now or lately carrying on business as the Incandescent Fittings Company at No. 241 George Street, Aberdeen, and residing at No. 88 Great Northern Road, Kittybrewster, Aberdeen, respondent, and if so apprehended during session to incarcerate him in the jail of Edinburgh or other jail in Scotland, and thereafter with all convenient speed to bring the person of the said David M'Mann to the bar of this Court on any sederunt-day during session to answer in the matter of the said petition and complaint, and if so apprehended during vacation to incarcerate the said David M'Mann in the jail of Edinburgh or other jail in Scotland, therein to remain till the first sederunt-day of the ensuing session, and on that day to bring the person of the said David M'Mann to the bar of this Court to answer in the matter of the said petition and complaint, and if necessary for the purpose of so apprehending the person of the said David M'Mann grant warrant to open shut and lockfast places; as also grant warrant to magistrates and keepers of prisons to receive and detain the said David M'Mann as aforesaid: Further, authorise execution hereof to pass on a copy hereof certified by the Clerk of Court, and decern ad interim.”