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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Clay v Home [1838] CS 16_1125a (7 June 1838)
URL: http://www.bailii.org/scot/cases/ScotCS/1838/016SS1125a.html
Cite as: [1838] CS 16_1125a

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SCOTTISH_Court_of_Session_Shaw

Page: 1125

016SS1125a

Clay

v.

Home

No. 205

Court of Session

2d Division

Jury Cause

June 7 1838

John Clay (Trustee for Grieve's Creditors),     Pursuer.— Counsel:
Robertson.
William F. Home,     Defender.— Counsel:
A. Wood.

Subject_Expenses—Agent and Client.— Headnote:

Held, with reference to an account of expenses, (1,) that a fee to counsel for considering a reeord before closing, was a proper article of charge; (2.) that a fee to counsel for considering a variety of documents, with a view to the production of documentary evidence at a trial, was also a proper article of charge.


Facts:

It was inter alia objected by the defender in this case to the auditor's report on his account of expenses, that the auditor had disallowed a fee to counsel for considering the Record before closing; and also that he had disallowed a fee to counsel for considering a variety of documents, with a view to the selection of such as were proper to be produced in process and made evidence at the trial of the cause.

The Court sustained both objections, and allowed the charges.

Solicitors: W. Pollock, S.S.C.— Sang and Adam, S.S.C.—Agents.

SS 16 SS 1125 1838


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URL: http://www.bailii.org/scot/cases/ScotCS/1838/016SS1125a.html