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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Note - Ronald Johnstone [1867] ScotLR 3_319 (15 March 1867)
URL: http://www.bailii.org/scot/cases/ScotCS/1867/03SLR0319.html
Cite as: [1867] SLR 3_319, [1867] ScotLR 3_319
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SCOTTISH_SLR_Court_of_Session
Page: 319↓
Court of Session Inner House Second Division.
Facts:
A trustee whose name had been used as a party to an action after he had resigned, allowed the expenses of getting his name withdrawn, and these taxed as betwixt agent and client.
One of certain trustees, hearing that his cotrustees had resolved to raise an action, intimated to them that he resigned office. His name was thereafter used as a pursuer in the action without his knowledge. Upon an application to the Court his name was allowed to be withdrawn from the process. He was appointed to lodge an account of expenses connected with the withdrawal which the Auditor taxed as between agent and client. Upon objection, the Court sustained the principle of taxation, and of consent pronounced decree for the expenses against the other trustees in the process in which the application was incidentally made.
Counsel For Petitioner— Mr Maclean. Agents— M'lachlan, Ivory, & Rodger, W.S.
Counsel for Trustees— Mr Arthur. Agent— W. Officer, S.S.C.