Personal Charges. - Decrees of Constitution. - Discharge and Conveyance. - Costs in the House Lords.
Andrew Brown Petitioner
Date: 20 July 1784 Case No. No 25.
A party was permitted to withdraw an appeal, upon payment of a sum in name of costs. Found, that the cause continued in dependence in the House of Lords, till they should be paid.
Click here to view a pdf copy of this documet : PDF Copy
By a judgment of the House of Peers, John Shortreid was permitted to withdraw an appeal entered by him, against certain interlocutors of the Court of Session, upon payment of L. 30 Sterling, in name of costs.
Upon this, Andrew Brown, who was the respondent, applied by petition to the Court of Session, for a decreet authorising him to levy the above mentioned sum.
Observed on the Bench; Where costs are awarded by the House of Lords, upon a final discussion of the matters brought before them, the authority of the Court of Session must of necessity be interposed, to render the judgment effectual, because the court of review has no longer any jurisdiction. But in cases like the present, no such interference is necessary. Till the L. 30 is paid, the cause is still in dependence in the House of Lords, and upon the appellant's refusing to pay, the respondent may insist for a determination of the appeal, and obtain full costs.
The Lords refused the petition without answers.
For the Petitioner, George Currie.
Fol. Dic. v. 3. p. 199. Fac. Col. No 169. p. 264.
