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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Davidson v Ross and Others. [1741] Mor 13991 (28 July 1741)
URL: http://www.bailii.org/scot/cases/ScotCS/1741/Mor3213991-084.html
Cite as: [1741] Mor 13991

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[1741] Mor 13991      

Subject_1 REPARATION.
Subject_2 SECT. XIII.

Expenses when given as Damage, not restricted.

Davidson
v.
Ross and Others

Date: 28 July 1741
Case No. No 84.

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A complaint at the instance of Ross of Pulrossie, and the other Creditors of Easterfearn against John Davidson, having been found groundless and malicious, and the complainers liable in Mr Davidson's expenses, it was objected to the account of expenses, that fees were stated to no less than six lawyers, which was not only contrary to the regulations, but in itself unreasonable.

But as the regulations are now little regarded in any case, and indeed no at all in such a case as this, where the expenses were given as damages, so, in this case, Mr Davsdson's reputation having been much concerned, it was thought allowable to employ more lawyers than in a common case may have been needful; and upon his deponing before the Ordinary, that he really gave the fees as stated, “The same were sustained, and the objection repelled.”

Kilkerran, (Expenses.) No 1. p. 180.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1741/Mor3213991-084.html