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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Mackay v. Maclachlan [1899] ScotLR 37_118 (24 November 1899) URL: http://www.bailii.org/scot/cases/ScotCS/1899/37SLR0118.html Cite as: [1899] ScotLR 37_118, [1899] SLR 37_118 |
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Page: 118↓
(Without the
Where a reclaiming note was withdrawn before the case was put out for hearing, the Court refused to grant an award of expenses exceeding £2, 2s., although the respondent had printed a plan produced by him at the proof, after four letters to the reclaimer's agent inquiring what documents he proposed to print had remained unanswered.
D. E. Maclachlan, of South Aros, Mull, brought an action against John F. Mackay, W.S., in which, after a proof, the Lord Ordinary ( Kyllachy) assoilzied the defender.
On 3rd July 1899 Maclachlan reclaimed.
On 23rd November the reclaimer lodged a note craving leave to withdraw the reclaiming-note on payment of £2, 2s. of modified expenses.
Counsel for the respondent moved for the expenses of printing a plan which had been produced by him at the proof. He stated that he had printed it when the case stood eleventh in the roll from the last case put out for hearing, and that he had previously
Page: 119↓
The reclaimer explained that he had produced a similar plan, which it would have been his duty to print had he gone on with the case, and argued that it was the duty of the respondent to wait to see what the reclaimer printed, and as the note had been timeously presented, the usual award of £2, 2s. was enough— Robertson v. Robertson's Executors, November 8, 1899, ante, p. 58.
The Court awarded £2, 2s. of modified expenses.
Counsel for the Reclaimer— Cook. Agents— Simpson & Marwick, W.S.
Counsel for the Respondent— Cullen. Agent— J. F. Mackay, W.S.