Scottish Court of Session Decisions

Subject_1Process
Subject_2Reclaiming Note
Subject_3Reponing
Subject_4Default.
Facts:

A summons concluded for declarator that the defender was bound to implement a contract of sale of heritable subjects, and further, inter alia, for payment of the price, amounting to £5250. There was no real defence upon the merits, and when the case was in the Procedure Roll, upon 25th January 1876, counsel appeared and stated that both he and the agents had ceased to act. Intimation was then ordered to be made to the defender by registered letter, that a motion for decree would be made on 1st February, and on that day decree was pronounced in terms of the first declaratory conclusion of the summons, and quoad ultra, the Lord Ordinary being unwilling to pronounce an extractable decree, the case was continued for a fortnight. On 15th February another counsel, instructed by another agent, appeared and asked for delay, which was granted. When the case was called on the 18th no appearance was made for the defender, and decree was given in terms of the petitory conclusion of the summons. The defender prayed to be reponed, but in these circumstances, and on an expression of opinion that an omission to append the interlocutors to the reclaiming note was due to purposes of concealment, and that the object throughout seemed to be to get delay, the Court refused to repone him, and found him liable in additional expenses.