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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Clark v. Kirkwood (M'Allister's Trustee) [1876] ScotLR 13_493 (3 June 1876) URL: http://www.bailii.org/scot/cases/ScotCS/1876/13SLR0493.html Cite as: [1876] SLR 13_493, [1876] ScotLR 13_493 |
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Page: 493↓
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An interlocutor renewing an order for proof may be reclaimed against, under the Court of Session A8ct, 1868, secs. 27, 28, and 54, and Act of Sederunt of March 10, 1870, without the leave of the Lord Ordinary.
In this case, which was an action for payment of a law agent's accounts, the Lord Ordinary upon 15th March 1876, allowed both parties a proof of their averments. Upon 18th March the accounts sued for were, on the defender's motion, and of consent of the pursuer, remitted to the Auditor to tax and report. On the report being made, objections were lodged, and upon 30th May the Lord Ordinary, after hearing parties, pronounced an interlocutor finding, inter alia, “that the necessity for a proof is not obviated by said taxation,….. therefore renews the order for proof,” &c. The defender asked leave to reclaim against this interlocutor, which the Lord Ordinary refused. A reclaiming note was thereupon presented to the First Division, and on the case being called in the Single Bills the pursuer objected to its competency.
At advising—
Counsel for Pursuer (Respondent)— Strachan. Agent— George Begg, S.S.C.
Counsel for Defender (Reclaimer)— Pearson. Agents— Rhind & Lindsay, W.S.
