Scottish Court of Session Decisions

This was a reclaiming note against a judgment of the Lord Ordinary ( Young) pronounced in these circumstances:—The pursuers, who had acted as agents for the defender in an action reported ante, vol. xiv, pp. 134, 570, and 590, raised an action for the amount of their account, viz., £716. The account was remitted to the Auditor for taxation, and when his report came before the Lord Ordinary the defender asked for time to lodge objections, as there had been a change of agency, and the defender's new agents were not yet in a position to lodge them. Five days were allowed, and on the case being again called, in respect that defender's counsel stated he had received no instructions to lodge objections, the Lord Ordinary approved of the account as taxed, and gave decree for the amount, viz., £701, 9s. 10d.

The defender, after allowing the full number of reclaiming days to elapse, reclaimed against this interlocutor. The pursuers' counsel, when the case appeared in the Single Bills, objected to its being sent to the roll on the ground that there was no matter that could be made the subject of a reclaiming note.

The Court called upon the counsel who appeared for the defender to explain the circumstances under which the interlocutor was pronounced. He stated he had not been counsel in the Outer House, and the Court thereupon directed the counsel who had appeared in the Outer House to be called. The latter then said that the facts were as narrated above. It was suggested that the defender should be allowed another day to lodge objections, and in the event of his failure to do so, that the reclaiming note should be refused.

At advising—