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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Miller v Cooper [1835] CA 13_369a (29 January 1835) URL: http://www.bailii.org/scot/cases/ScotCS/1835/013SS0369a.html Cite as: [1835] CA 13_369a |
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Page: 369↓
Subject_Expenses—Reference to Oath.—
A party who failed to attend a second diet for examination on oath, reponed against an interlocutor pronounced in respect thereof, on paying expenses.
Reference being made to a charger's oath, and, after a first diet of examination, the charger having failed to attend a second diet, the Lord Ordinary passed the bill without caution. The charger reclaimed, and the Court altered, and remitted to the Lord Ordinary to allow the farther examination of the charger, on his paying the expenses which had been occasioned by his default.
Solicitors: F. L. Roy, W. S.— T. Landale, S.S.C.—Agents.
