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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Thorburn'a Trustees v Short [1838] CS 16_1016 (22 May 1838)
URL: http://www.bailii.org/scot/cases/ScotCS/1838/016SS1016.html
Cite as: [1838] CS 16_1016
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SCOTTISH_Court_of_Session_Shaw
Page: 1016↓
v.
Pattison.
Whigham.
Subject_Expenses—Agent and Client—Writer's Account.—
In taxing an account of expenses, claim of the defender in a cause (a country writer) for remuneration for loss of time as a professional man, in coining to Edinburgh to depone as a party on a reference to oath—disallowed.
Facts:
After the interlocutor in this case (noticed ante, p. 291), assoilzieing the defender, who was a writer in Dumfries, the pursuers referred the matter to Ms oath. The Court granted commission to take the oath to H. Pyper, Esq., Advocate, or to the Sheriff-Substitute of Dumfries. The oath was taken in Edinburgh, the defender coming thither from Dumfries, and was thereafter found by the Court to be negative of the reference. In his account of expenses, the defender claimed not merely one guinea a-day (which was admitted) for necessary expenses, but also two guineas a-day during his absence from Dumfries, for time and
trouble as a professional man. This claim was opposed by the pursuers, and the auditor reserved the point.
The Court disallowed the claim.
Solicitors: K. M. Thorburn, W.S.— R. Rutherford, W.S.—Agents.