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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Orr v. Smith [1891] ScotLR 28_589 (17 January 1891) URL: http://www.bailii.org/scot/cases/ScotCS/1891/28SLR0589.html Cite as: [1891] ScotLR 28_589, [1891] SLR 28_589 |
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Page: 589↓
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An unsuccessful complainer in a note of suspension and interdict against the erection of a boundary wall tendered the taxed amount of expenses under deduction of the expense of approval and decree and of extracting the interlocutor. The Lord Ordinary found that the respondent was entitled to an extract at the complainer's expense, and that the tender was insufficient, and he accordingly approved and decerned in the ordinary form for the taxed amount.
Complainer's authorities— Allan v. Allan's Trustees, 13 D. 1270; Magistrates of Leith v. Gibb, 19 S.L.R. 399; Bannatyne v. M'Lean, 21 S.L.R. 479.
Respondent's authorities— Hunter v. Stewart, 20 D. 60; Scott v. North British Railway Company, 22 D. 922.
Counsel for the Complainer— G. W. Burnet. Agent— F. J. Martin, W.S.
Counsel for the Respondent— C. N. Johnston. Agents— Thomson, Dickson, & Shaw, W.S.