Scottish Court of Session Decisions

Hill suspended a charge on a bill for £70, alleging it to be an accommodation-bill for behoof of the charger, and referring this to the charger's oath. Commission was granted to the Sheriff of Renfrewshire to take the oath, and it was taken, on 24th February, in absence of the suspender. It was negative of the reference. On being reported, the suspender alleged he had not got due notice to attend, and the charger produced a certificate by his country agent, dated 20th February, attesting that, on that day, he personally notified to Hill the place and hour when the deposition was to be taken. On 21st February, a letter was received by Hill's Edinburgh agent, from the charger's Edinburgh agent, intimating the day and place when the examination was to take place. A notice was also sent through the post-office to the suspender. The suspender's agent wrote, objecting, that the hour of the day was not mentioned in the notice to him.

On these facts being laid before the Lord Ordinary, his Lordship “Refused the bill, and found the suspender liable in expenses.”

The suspender reclaimed, and objected, that the intimation between the Edinburgh agents was inadequate, as not mentioning the hour, and as being on too short notice; and that there was no legal evidence of any intimation given in the country at all.

The Court altered the interlocutor, and remitted to the Lord Ordinary to allow a new examination of the charger.