Scottish Court of Session Decisions

Subject_1Process
Subject_2Appeal
Subject_3Expenses
Subject_4A. S., 10th March 1870 — Reponing.
Facts:

A Sheriff Court appeal being enrolled in the Single Bills, the respondent's counsel objected to its being sent to the roll, in respect that the appellant had failed timeously to comply with the terms of the Act of Sederunt, and had indicated by his procedure throughout a desire for delay. The interlocutor appealed against was dated 15th June 1880; the defender did not appeal till 12th October; and the proceedings were received by the Clerk of Court 14th October. By sub-sec. 1 of sec. 3 of the Act of Sederunt the appellant was bound to print and box the papers within 14 days thereafter, failing which to be held to have abandoned his action, and to be reponed only on payment of such expenses as should seem just. The print was not boxed till 1st November, though due on 29th October, the 28th being the Fast Day and a Court holiday. The appellant pleaded, as an excuse for the delay, absence from town of junior counsel, and consequent inability of the agent to get access to the papers. He did not present a note to be reponed. The Court allowed the case to go to the roll on payment of ten guineas by the appellant to the respondent.