United Kingdom House of Lords Decisions

These cases are reported ante ut supra. M'Dougall, petitioner in the Glasgow Dean of Guild Court and appellant in the

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Court of Session, and R. B. Wilson & Company, defenders in the Glasgow Dean of Guild Court and appellants in the Court of Session, appealed to the House of Lords.

Subsequent to the petitions of appeal being presented (no cases having yet been lodged) their Lordships decided the case of Hamilton and Others v. Nisbet, March 17, 1907, 44 S.L.R. 392, which decision admittedly ruled the causes. The parties thereto presented joint-petitions.

The petition in M'Dougall v. Nisbet was in the following terms (adjusted with the officials):—“That a petition of appeal against (1) an interlocutor of the Dean of Guild of Glasgow (Baron Inverclyde) dated 9th June 1904, and (2) certain interlocutors of the First Division of the Court of Session in Scotland dated respectively 17th November 1904 and 22nd December 1904 has been presented to your Right Honourable House.

“That on 13th March 1907 your Right Honourable House delivered judgment upon a petition and appeal in which the present respondent was appellant, and the respondents were (1) David Hamilton, William Hamilton, and James B. Hamilton, oil refiners and merchants and paint and colour manufacturers, sole partners of and trustees for their firm of J. & D. Hamilton, oil refiners and merchants and paint and colour manufacturers, 118 Queen Street, Glasgow; (2) Lewis Maclellan, oil refiner, &c., Glasgow; and (3) the School Board of the Burgh of Glasgow, 129 Bath Street, Glasgow.

That the appellant and the respondent are agreed that the said judgment delivered by your Right Honourable House on 13th March 1907 in the said cause governs the present petition and appeal, and that in respect thereof the present petition and appeal ought to be sustained and the interlocutors complained of therein reversed.

Your petitioners therefore humbly pray that your Lordships may be pleased to order and adjudge that the said petition and appeal be sustained; that the said interlocutor of the Dean of Guild of Glasgow of the 9th day of June 1904, and the said interlocutors of the Lords of Session in Scotland of the First Division, of the 17th day of November 1904 and the 22nd day of December 1904, be reversed, and that the cause be remitted back to the First Division of the Court of Session in Scotland, with directions to recal the report or determination of the Master of Works of the City of Glasgow of the 19th day of April 1904, and to make such other order or to remit the cause to the Dean of Guild Court of Glasgow with such directions as may be consistent with the judgment to be issued by your Lordships, and to find the respondent liable to the said appellant in his expenses of process in both Courts below; and, further, to order that the respondent do pay or cause to be paid to the said appellant the costs incurred in respect of the said appeal in your Lordships' House, as the amount thereof shall be certified by the Clerk of the Parliaments: And, further, to order that the said respondent shall repay to the said appellant any expenses already paid to the respondent by the appellant under the interlocutors reversed.”

The causes were thereupon put out for hearing.

Counsel explained the position and intimated that parties were agreed.

Orders appealed from reversed, cases remitted to the Court of Session, and orders made as prayed for in joint-petitions.