Scottish Court of Session Decisions

The Lord President—It is said that this action would not have been resisted if the pursuer had at first made the explanations which he ultimately made at the trial in the witness-box. But the defence was not abandoned even when the explanations were made. On the contrary, the defenders led evidence, and the trial was extended into a second day after the explanations were made. Then the pursuer says that in point of fact he did at the beginning communicate to the defenders the which he gave afterwards; and although this is denied by the defenders, it did appear in the course of the evidence that there was an attempt at making explanations at a meeting in a public-house, which were not considered satisfactory. The great question betwixt the parties had reference to a piano and a mirror, and it was as to them that these explanations were given. I think, therefore, that as the pursuer has substantially succeeded in his case, expenses must follow.