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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Morris v. Guildry of Dunfermline (ante, p. 165) [1866] ScotLR 1_221 (17 March 1866) URL: http://www.bailii.org/scot/cases/ScotCS/1866/01SLR0221.html Cite as: [1866] ScotLR 1_221, [1866] SLR 1_221 |
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Page: 221↓
(ante, p. 165).
Charges for obtaining evidence of a statement denied on record objected to on the ground that an admission would have been given if it had been asked, but allowed.
This was a point reserved by the auditor for the consideration of the Court. The defenders had been assoilzied with expenses. Their account of expenses included a charge of £4, 4s. for searching some old registers, and another of £21, 4s., being a sum paid to registrars for extracts from them. The pursuer now stated that this was an unnecessary proceeding, because if he had been asked he would at once have admitted the practice which the extracts were intended to prove. But it appeared that the practice had been averred on record by the defenders, and denied by the pursuer, and the Court held that the pursuer having been thus called upon by the defenders to admit the matter, it was his business to tender an admission, and not to wait until it was asked for, if it was intended afterwards to retract his denial. The charges were therefore allowed.
Counsel for Pursuer— Mr W. M. Thomson. Agent— Mr George Wilson, S.S.C.
Counsel for Defenders— Mr John Hunter. Agents— Messrs Morton, Whitehead, & Greig, W.S.
