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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Macleod v. Inglis [1870] ScotLR 8_156 (30 November 1870) URL: http://www.bailii.org/scot/cases/ScotCS/1870/08SLR0156.html Cite as: [1870] SLR 8_156, [1870] ScotLR 8_156 |
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Page: 156↓
The Court having been moved by the reclaimer to refuse a reclaiming note, of consent of both parties, and limit the finding of expenses in favour of the respondent to £1, 1s., that being now held as a fixed rule, where timeous notice has been given to the respondents.— Observed, by the Lord President, that notice of withdrawal should have been sent to the Keeper of the Rolls.
Shortly after the reclaiming note in this case had been boxed the reclaimer intimated to the respondents that he intended to withdraw it.
When the case was called, Mackay, for the respondents, moved that the reclaiming note be refused of consent of both parties.
Kinnear, for the respondents, moved for expenses.
The amount of expenses was limited to £1, 1s., in accordance with the case of Kirkwood v. Knox, 4th June 1868, 6 Macph. 898. It was observed by the Lord President that notice of the withdrawal of a reclaiming note should have been formally given to the Keeper of the Rolls by a note from both parties before it appeared in the Short Roll, in order to guide the Court in putting out cases for hearing.
Solicitors: Agents for Reclaimer— Mackenzie; & Black, W.S.
Agents for Respondents— Mackenzies & Frasers, W.S.