Scottish Court of Session Decisions

The litigation in this case began in 1861 by an action at the instance of Baxter against Rule in the Sheriff-Court of Lanark, for payment of the sum of £175, 3s. 3d., decerned for in a reference between the parties as to the sale and purchase of certain quantities of wood. The Sheriff decided against Rule in 1863. During that year Rule advocated, but failed to proceed, whereupon, on 2d June 1863, Baxter obtained decree of protestation. Thereafter, on 15th May 1865, Rule raised an action of reduction of tile adverse award in the reference, and of the judgments in the Sheriff-Court. In this action, after a proof had been led on commission, the Lord Ordinary pronounced judgment, giving effect to certain of the reductive conclusions. No interlocutor was subsequently pronounced except one of wakening on 20th November 1868. In July 1869 a remit was made to the reporters on probabilis causa, but no steps therein taken till March 1870, when, on the case coming before the reporters, it was found to be asleep under the remit, and accordingly dismissed. A new certificate having been obtained, the motion for a remit was now renewed, whereupon

Brand, for Baxter, opposed the remit, on the ground (1) that in the circumstances the applicant ought not to be indulged in further litigation; (2) that the certificate was disconform to the A. S.; and (3) that as the applicant was in receipt of 13s. per week, he was not entitled to the benefit of the poors-roll. The following authorities were referred to on the last point; Duncan v. Morrison, Jan. 16, 1863; Inglis v. M'Phun, Feb. 10, 1863; Williamson v. Irvine, Nov. 21, 1863; and Sutherland, Jan. 28, 1864.

Speirs in answer.

The Court held that in the whole circumstances they must refuse the application.