It is not competent, after a case has been decided by the Inner-House upon a petition and answers, and no expenses given, to claim expenses from the Lord Ordinary.
Click here to view a pdf copy of this documet : PDF Copy
This case was decided upon its merits, by advising a reclaiming petition, with answers, upon the 18th May 1803, at which time no motion for expenses was made. The cause was afterward enrolled before the Lord Ordinary, for the purpose of obtaining them; and his Lordship stated to the Court the general point of the competency of this demand, which was made to him after the cause had been finally decided in the Inner House.
The Court were of opinion, that when a petition is refused without answers, the cause may be enrolled before the Lord Ordinary, for the purpose of obtaining the expenses; but that when a cause is advised upon a petition and answers, such demand for expenses should be made when the cause is before the Court. They therefore instructed the Lord Ordinary to refuse expenses in this case, and signified that this rule should be adopted in similar cases.
Lord Ordinary, Hermand.Act. Ross.Agent, J. Campbell, tertius, W. S.Alt. Connell.Agent, M. Montgomerie.Clerk, Menzies.
Fac. Coll. No. 104 p. 231.
