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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Brown v Syme [1835] CA 13_682a (11 March 1835) URL: http://www.bailii.org/scot/cases/ScotCS/1835/013SS0682a.html Cite as: [1835] CA 13_682a |
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Page: 682↓
Subject_Interim Execution Pending Appeal.—
Circumstances in which the Court granted interim execution pending appeal to a certain extent without allowing the appellant to answer in writing the petition for execution.
After the bill of exceptions in this case had been disallowed (February 5), us mentioned ante, 407, the Court (February 13) applied the verdict, and found Brown entitled to expenses. An account was accordingly given in, and a report made by the auditor, in which certain points were reserved, and to which certain objections were taken by Syme; but to the extent of £450 the account was not disputed. In the mean while, on the 17th February, Syme intimated an intention to appeal; and an appeal was accordingly entered, for service of which an order was taken on the 24th February. It was not, however, actually served till yesterday; and Brown having immediately presented a petition for interim execution, Syme craved to be allowed to give in answers, and explained the delay in serving the appeal, by the statement that an error had been committed in the order, which it was necessary to have corrected before serving.
The Court, however, in consideration of the late period of the session at which service had been made, de piano granted interim execution as to the £450 of expenses not objected to, and quoad ultra allowed answers.
Solicitors: M'Kenzie and M'Farlane, W.S.— Graham and Anderson, W.S.—Agents.