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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Sellar v Lamb [1835] CA 13_1036 (3 July 1835)
URL: http://www.bailii.org/scot/cases/ScotCS/1835/013SS1036.html
Cite as: [1835] CA 13_1036
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SCOTTISH_Shaw_Court_of_Session
Page: 1036↓
v.
Subject_Process—Expenses,—
Expenses awarded against a suspender for failure to lodge the Inferior Court process with the clerk in terms of the 24th section of the Act of Sederunt, 1828.
In a process of suspension at the instance of Sellar, he failed to lodge the Inferior Court process with the Outer-House clerk, in terms of the 24th section of Act of Sederunt, 11th July, 1828, in consequence of which a discussion ensued in the Outer-House, The process being subsequently
The Lord Ordinary, after advising minutes of debate, “found the charger entitled to the expenses occasioned by the Inferior Court process not having been produced by the suspender, in terms of the Act of Sederunt, and by the discussion on the subject.”
Sellar reclaimed, and made a statement in reference to the non-production of the process, which was not contained in the minute previously lodged, and of which he asked to be allowed a proof.
The Court adhered to the Lord Ordinary's interlocutor, and refused a proof of the reclaimer's new averment, no mention thereof having been made in the minute.
Solicitors: William Martin, S.S.C.— Alex. Duff, W.S.—Agents.