M'Donald v. The Synod of Argyll and Others

Held that as the pursuer had not been “duly elected to” the bursary, he had no title to sue the first and three following and subsidiary conclusions of the summons; and that as there was no contract between the committee and the pursuer, and no sufficient averment of damages, the action was irrelevant.

Angus M'Donald, a student in the University of Glasgow, raised the present action against the members of the Synod of Argyll and others, concluding for declarator that he had been duly elected to, and was in right of, a bursary of £119, tenable for three years, under the bequest of the deceased Gillian M'Laine, Fascadale, Ardrishaig, and, inter alia , for damages.

On 2nd November 1888 the committee held a competitive examination at Glasgow to determine who should be the holder of the said Divinity Bursary for the three years following, and they thereafter awarded the bursary to David 0. M'Michael, divinity student, University of Edinburgh.

The defenders denied that M'Michael was not eligible to compete for the bursary, and they further averred—“On 3rd September 1878 the first examination was held at Ardrishaig, advertisement having been previously made of the terms and conditions of the bequest, and the regulations of the competition. There were three candidates in divinity. The committee, however, refused to award the bursary, none of the candidates representing in their view the excellence of scholarship required by the Page: 763 ↓

The defenders pleaded, inter alia —“(1) No title to sue. (2) The pursuer's statements are irrelevant.”