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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Petition - Blochairn Iron Co. v. P. Flower and Co [1865] ScotLR 1_45_1 (1 December 1865) URL: http://www.bailii.org/scot/cases/ScotCS/1865/01SLR0045_1.html Cite as: [1865] ScotLR 1_45_1, [1865] SLR 1_45_1 |
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Page: 45↓
A party who is extrajudicially asked to consent to the discharge of an inhibition, and declines to do so, is liable in the expense of an application to the Court for recall.
These parties have counter actions depending against each other in the Outer House. Flower & Co. sometime ago arrested funds belonging to the petitioners in the hands of several parties, and on 23d February 1865 they also executed and recorded letters of inhibition against the petitioners. On 3d March the petitioners applied for and obtained letters of general loosing of arrestments on finding sufficient caution judicatum solvi. The petitioners thereupon applied to the agents for Flower & Co. to discharge the inhibition in respect caution had been found, but this they declined to do. This application was therefore made for recall of the inhibition. No answers were lodged, and the only question was that of expenses.
The Court, in respect the respondents had declined to discharge the inhibition when asked to do so, recalled the inhibition, and found them liable in expenses.
Counsel for Petitioners— Mr MacLean. Agent— Mr John Ross, S.S.C.
Counsel for Respondents— Mr J. G. Smith. Agents— Messrs Gibson-Craig, Dalziel, & Brodies, W.S.
