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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Logan v. Weir [1872] ScotLR 9_402 (19 March 1872) URL: http://www.bailii.org/scot/cases/ScotCS/1872/09SLR0402.html Cite as: [1872] SLR 9_402, [1872] ScotLR 9_402 |
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Page: 402↓
Where the pursuer, having failed in one part of his case, had been subjected to the payment of a sum of expenses, on the third last sederunt day of the Winter Session, the defender moved to have the notice of trial given for the Spring Circuit Court discharged, on the ground that the pursuer was unable to pay these expenses. The expenses not having been paid nor caution found, the Court, in respect of the Session being at an end, discharged the notice of trial.
The pursuer having raised an action of slander, said to have been committed judicially, against the defender, failed in certain points, and decree for £33 of expenses was, on 16th March, pronounced against him. Notice of trial at the ensuing Stirling Circuit, on the remaining issue, was given by the pursuer; and the defender now moved to have this motion discharged.
Balfour, for him, stated that the expenses had not been paid, and that the pursuer's agent had stated to the defender's agent that the pursuer was unable to pay them. In these circumstances it was unfair to compel the defender to litigate in a doubtful case, where it would be impossible for him to get his expenses if successful. If the trial were deferred till May the pursuer would be charged to pay the expenses decerned for, and would either have paid them or become bankrupt. Authority referred to— Wright v. Ewing, 12 Shaw 535.
Mair and Rhind, for the pursuer, objected to the lead being thus taken from the pursuer.
The Court continued the case till the following day, to give the pursuer time to pay the expenses, or find caution for them, intimating that if one or other was not done, the notice of trial would be discharged. The Court intimated that if it had not been the second last day of Session, they would have
Page: 403↓
The expenses not having been paid or caution found, the Court, on the following day, discharged the notice of trial.
Solicitors: Agent for Pursuer—
Agents for Defender— Webster & Will, S.S.C.
