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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Smith v. Gordon [1908] ScotLR 513 (10 March 1908) URL: http://www.bailii.org/scot/cases/ScotCS/1908/45SLR0513.html Cite as: [1908] SLR 513, [1908] ScotLR 513 |
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Page: 513↓
(Single Bills.)
In an appeal from the Sheriff Court, in which the defender was successful in having the adverse interlocutor recalled with expenses in both Courts, decree for the taxed amount thereof was asked in name of the agent in the Sheriff Court as agent-disburser, and, on assurance that the motion was made by instructions of the Edinburgh agent, and had been duly intimated to the other side, and was unopposed, it was granted.
John Alexander Smith, watchmaker, Peterhead, raised an action of interdict in the Sheriff Court there against John Gordon, merchant, Cromdale, Grantown-on-Spey, the owner of the neighbouring feu in Peterhead, and obtained interdict. The defender appealed to the Court of Session, and on February 5, 1908, the First Division recalled the interdict, refused the prayer of the petition, and found the defender entitled to expenses in both Courts. When the case came up for approval of the Auditor's report, counsel moved for decree in name of Robert Gray, solicitor, Peterhead, as agent-disburser, and, in answer to the Court, stated (1) that the motion had been duly intimated and was unopposed, and (2) that it was made by instructions from the appellant's Edinburgh agent.
The Court pronounced an interlocutor approving of the Auditor's report, decerning against the pursuer for payment of the taxed amount of the defender's expenses, and “of consent of W. Croft Gray, S.S.C., Edinburgh, the agent disburser in this Court” allowed decree to go out and be extracted in name of Robert Gray, solicitor, Peterhead, the agent disburser in the Sheriff Court.
Agents for the Pursuer (Respondent)— Boyd, Jameson, & Young, W.S.
Counsel for the Defender (Appellant)— Lippe. Agent— W. Croft Gray, S.S.C.
