Page: 101↓
A defender who unsuccessfully opposed the allowance of issues on the ground that the action was irrelevant, found liable in expenses from the date of closing the record.
This case was reported by the Lord Ordinary upon Issues. The Court after a long discussion allowed the proposed issues, and in respect the objections stated by the defender were not directed to the form of the issues, but to the relevancy of the pursuer's averments, the defender was found liable to the pursuer in expenses since the date of closing the record.
Counsel for Pursuer— Mr Patton and Mr W. M. Thomson. Agents— Messrs Melville & Lindesay, W.S.
Counsel for Defender— Mr Pattison and Mr Hall. Agent— Mr James Sommerville, S.S.C.