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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> M'laren v Campbell [1837] CS 16_311a (23 December 1837) URL: http://www.bailii.org/scot/cases/ScotCS/1837/016SS0311a.html Cite as: [1837] CS 16_311a |
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Page: 311↓
Subject_Expenses.—
Incompetent to award even incidental expenses in the Bill-Chamber against a charger.
A bill of suspension and liberation, at the instance of one M'Laren, having been passed on juratory caution, certain notes were thereafter presented by the charger, Campbell, to the Lord Ordinary on the bills, which his Lordship appointed to be withdrawn, finding the suspender entitled to modified expenses with reference thereto. Against this interlocutor Campbell reclaimed, in so far as it found him liable in these expenses, contending that the incompetency of such finding in the Bill-Chamber had been already ruled by the Court. 1
M'Laren answered, that according to the practice of the Court, there was no incompetency in awarding such incidental expenses as were here given.
The Court being of opinion that there was no distinction between incidental and other expenses, and referring particularly to the case of Nairne v. Spence, recalled the interlocutor of the Lord Ordinary in so far as it found the charger liable in expenses, and remitted to his Lordship to proceed farther in the cause, reserving all questions of expenses, including the expenses of the reclaiming note.
Solicitors: Alexander Johnston, W. S.— John Young, S. S. C.—Agents.
_________________ Footnote _________________
1 Nairne v. Spence, July 7, 1824, ante III., 227 (new ed. 160); Agnew v. Grierson, June 7, 1823, ante II., 377 (new ed. 335); 1 Ivory, 135.