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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Davidson v M'Kenzie. [1774] 5 Brn 437 (00 August 1774)
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Cite as: [1774] 5 Brn 437
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[1774] 5 Brn 437
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.
Subject_2 EXPENSES.
Davidson
v.
M'Kenzie
1774 .August .Click here to view a pdf copy of this documet : PDF Copy
Under a decree for conventional penalties, it has been understood and found, that the obtainer could claim no expenses of process, except they were specially
awarded by the Court; and if they awarded no expense of process, either because none were sought or none were given, a decree for the penalty could only carry the expense of putting it into execution. So found, 23d December 1757, Allan against Young. This decision held to be law, and approved of in the case, 16th July 1779, Montgomerie Beaumont against Thomson and Alexander. Again, 27th November 1761, Gordon against Maitland; also, 4th January 1740, Cowper against Stewart; observed by Kilk., p. 375.
The case is different in adjudications: there the expense of process is recovered out of the penalty, even in cases where the penalty is restricted to necessary expenses.
The Lords were of this opinion, August 1774, Henry Davidson against Sir Hector M'Kenzie.
The electronic version of the text was provided by the Scottish Council of Law Reporting