Scottish Court of Session Decisions

Subject_1Process
Subject_2Extract of Decree on Merits, Reserving Right to Extract Decree for Expenses.

Facts:

A pursuer and respondent who had obtained a decree in terms of the conclusions of his summons together with expenses, presented a note to the Court for leave to extract ad interim the deoree in so far as it dealt with the merits of the cause, but under reservation of his right to extract the decree for expenses when the Auditor's report should have been approved of. The reasons he stated for craving leave were—(1) that the Auditor's report could not be presented to the Court by the end of the session, and (2) that before the beginning of the Winter Session

Page: 896↓

the defender and reclaimer, who was a farmer, would have reaped and disposed of his crops, and would have thereby deprived the pursuer of the means of making the diligence on his decree effectual.

It was objected that by the Court of Session Act (13 and 14 Vict. c. 36), sec. 28, parties could without leave extract decrees ad interim in all those cases in which the Court had been in use to grant leave, and that therefore this motion was either incompetent or unnecessary.

The Court, in respect of the reasons adduced, granted leave.