Scottish Court of Session Decisions

Subject_1Mandatory
Subject_2Expenses
Subject_3Auditor's Report.
Facts:

An action having been brought by Chapman, who resided in England, against the trustees of Lloyd, of whom Balfour was one, on a bill for £800, Chapman was sisted as mandatory. The defence was that the bill had been obtained by fraud. The trial was fixed for the 22d of July, on which day the mandataries lodged a minute in process withdrawing from acting as mandataries, and the pursuer did not appear, nor was any new mandator sisted. The jury was impanelled, and returned a verdict for the defender. When the Auditor's report came to be approved of, Chapman moved that the expenses of the jury and witnesses, and of applying the verdict, be disallowed as against him. Held that these items formed valid charges against the mandataries, on the ground that they were the natural sequence of what was in motion at the time the mandataries lodged the minute of withdrawal.