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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Smith & Wilsons v. Clyde Coal Co., Ltd [1893] ScotLR 31_125 (25 November 1893) URL: http://www.bailii.org/scot/cases/ScotCS/1893/31SLR0125.html Cite as: [1893] SLR 31_125, [1893] ScotLR 31_125 |
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Page: 125↓
In an action of damages at the instance of a widow and her four minor children for the death of the husband and father, the defenders moved that intimation should be made of the dependence of the action to other children who were of full age and not parties to the action, under certification that if they did not appear and crave to be sisted as pursuers to this action within such time as might be fixed, they should be held to have departed for ever from any claim competent to them in respect of their father's death. The pursuers expressed their consent to intimation being made.
The Court pronounced the following interlocutor:—“Having heard counsel for the parties upon the minute for the defenders, … Appoint the same to be intimated to the children of the deceased … other than those who are pursuers in the action, in order that they may crave themselves to be sisted in the action within eight days as pursuers, if so advised.”
Counsel for the Pursuers— Ure— Deas. Agents— Simpson & Marwick, W.S.
Counsel for the Defenders— Comrie Thomson— Salvesen. Agents— Winchester & Ferguson, W.S.