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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Drummond v Leslie [1835] CA 13_684 (11 March 1835) URL: http://www.bailii.org/scot/cases/ScotCS/1835/013SS0684.html Cite as: [1835] CA 13_684 |
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Page: 684↓
Subject_Judicial Reference.—
Competent for the Court, in a cause which has been judicially referred, to decern against the one party for half of the fee to the referee which had been wholly paid by the other.
The parties in an action depending before this Court entered into a judicial reference of the cause, to which the authority of the Lord Ordinary was interponed. The referee decided in favour of the defender with expenses. When the award was reported to be applied, the defender, who had paid the fee to the referee, craved from the Lord Ordinary decree against the pursuer for his share thereof, not as falling under the award, but as a matter for which it was competent for his lordship to give decree.
Lord Moncreiff reported the point, stating his own opinion that it was competent to decern for the sum claimed.
The Court instructed the Lord Ordinary accordingly.
