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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Lowson v. Finlay (ante, p. 89) [1866] ScotLR 1_217_3 (14 March 1866)
URL: http://www.bailii.org/scot/cases/ScotCS/1866/01SLR0217_3.html
Cite as: [1866] ScotLR 1_217_3, [1866] SLR 1_217_3
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SCOTTISH_SLR_Court_of_Session
Page: 217↓
Court of Session Inner House First Division.
v.
(ante, p. 89).
Facts:
The expense of a witness cited to give evidence at a jury trial, but not examined, allowed.
This case was tried at Christmas, when the jury returned a verdict for the pursuer. In his account of expenses he made a charge of £11 odds for the citation and attendance at the trial of a witness from Ireland to prove a practice of trade. The auditor disallowed the charge, in conformity with his rule of allowing only the expenses of witnesses who are examined at the trial. This witness was not examined, because it became evident in the course of the trial that the part of the defender's case, as stated on record, which he had been brought to meet, was not to be insisted on.
The Court allowed the charge, in respect the pursuer's case had not been overloaded with evidence on the point referred to.
Counsel for Pursuer— Mr Crichton. Agents— Messrs G. & J. Binny, W.S.
Counsel for Defender— Mr Shand. Agents— Messrs Morton, Whitehead, & Greig, W.S.