Scottish Court of Session Decisions

Subject_1Expenses
Subject_2Reclaiming
Subject_3Note
Subject_4Withdrawal of Reclaiming Note after Printing by Respondents.
Facts:

The Lord Ordinary (Kincairney) having, on 27th May 1898, pronounced decree against the defenders in this action in terms of the conclusions of the summons, the defenders reclaimed. The reclaiming-note was boxed on 15th June 1898, and on 15th July the cause was transferred from the First to the Second Division, but it did not appear in the roll for hearing before the end of the Summer Session. On 20th September 1898 the pursuer's agent wrote inquiring whether the defenders proposed to insist in their reclaiming-note, but received no immediate reply. On 30th September the pursuer and respondent printed an appendix. This print was never boxed. On 20th October the agents of the defenders and reclaimers intimated to the pursuer's agent that they did not propose to proceed further with the reclaiming-note. On 21st October they moved the Court to refuse the reclaiming-note, with modified expenses of £2, 2s. Counsel for the pursuer and respondent claimed that he was entitled in addition to the expense of printing the appendix. He pointed out that the case was only five below the last case in the roll for 20th and 21st October, and referred to Little Orme's Head Limestone Company, Limited v. Hendry & Company, November 25, 1897, 25 R. 124. Counsel for the defenders and reclaimers objected to this expense being allowed, on the ground (1) that it was quite unnecessary and premature to print this appendix on 30th September; and (2) that the print had not been boxed. The Court pronounced decree in favour of the pursuer and respondent for £2, 2s., and in addition the expense of printing the appendix.