Page: 217↓
The Court having in an advocation repelled the reasons, and remitted the cause to the Sheriff, held that a minute of reference to oath, lodged in the Court of Session, was incompetent.
In this advocation from Fifeshire, the Court, after hearing the advocator some days ago, pronounced the following interlocutor:—“Having heard parties' procurators on the question of expenses decided by the Sheriff, this being the only matter now insisted in by the advocator, as stated by his counsel at the bar, repel the reasons of advocation, and remit the cause simpliciter to the Sheriff.
The advocator having lodged a minute of reference to oath of the whole cause, the Court to-day refused it as incompetent in this Court. The merits of the case had been withdrawn from the Court by the advocator himself, and the cause had not been advocated, but remitted to the Sheriff. It only remained here for the purpose of ascertaining and decerning for the expenses incurred in this Court. The advocator was entitled to lodge his reference in the Sheriff Court; but whatever the result of the reference he could never get quit of the expenses incurred in this Court.
Counsel for Advocator— Mr Scott. Agent— Mr D. Crawford, S.S.C.
Counsel for Respondents— Mr Thoms. Agent— Mr W. Officer, S.S.C.