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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> M'Taggart's Representatives v Watson [1835] CA 13_878a (6 June 1835) URL: http://www.bailii.org/scot/cases/ScotCS/1835/013SS0878a.html Cite as: [1835] CA 13_878a |
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Page: 878↓
Subject_Expenses.—
Expenses refused in a case reversed on appeal.
The judgment in the case of M'Taggart's Representatives v. Watson, Jan. 24, 1834, mentioned ante XII. 332, was reversed by the House of Lords, and the cause was remitted back to this Court, with instructions to decern against the respondent, “and to do farther in the cause as shall be just and consistent with this judgment.” A petition was presented to apply the judgment, with a prayer for the expenses incurred in the appeal, and also prior to, and following upon, the appeal. The Court “found no expenses due,” being of opinion, that, in the whole circumstances of the case, the respondent Watson had good ground for maintaining his defence.
Petitioner's Authority.— Noel v. Lord Henley (12 Price's Reports, 700).
Respondents Authorities— Gordon v. Robertson, Jan. 29, 1830 (ante, VIII. 417); Brodie v. Sinclair, Dec. 3, 1831 (ante, X. 99).
Solicitors: Moweray and Howden, W.S.— Campell and Macdowali, S.S.C.—Agents.
