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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Wyllie v Richard [1837] CS 16_111a (28 November 1837) URL: http://www.bailii.org/scot/cases/ScotCS/1837/016SS0111a.html Cite as: [1837] CS 16_111a |
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Page: 111↓
Subject_Expenses — Process—
Though a reclaimer withdraws his reclaiming note, without discussion, he will be subjected in the expenses occasioned by it to the opposite party, if he has not given timeful notice that it is to be withdrawn.
In a process of multiplepoinding, raised by James Wyllie and others, the Lord Ordinary pronounced a decree, on July 11, 1837, ordaining James Wyllie to consign £347, and certain interest. Wyllie reclaimed; and when the reclaiming note came to be advised, he now intimated that he withdrew the note.
The Court, on the motion of the respondents, subjected Wyllie in the expenses incurred by them, in consequence of the note having been presented, as no notice had been given to them that the note was to be withdrawn, until after counsel had been instructed to debate, and oppose it.
Solicitors: J. R. Skinner, W. S.— G. Binny, W. S.—Agents.
