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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Fleming v. North of Scotland Banking Co. [1882] ScotLR 19_440 (21 February 1882)
URL: http://www.bailii.org/scot/cases/ScotCS/1882/19SLR0440.html
Cite as: [1882] SLR 19_440, [1882] ScotLR 19_440
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SCOTTISH_SLR_Court_of_Session
Page: 440↓
Court of Session Inner House First Division.
[sheriff of Forfarshire.
v.
( Ante, p. 4, October 20, 1881.)
Facts:
Where a respondent unsuccessfully assailed the competency of an appeal, but was subsequently successful on the merits, the Court found no expenses due to or by either party.
This appeal, in which the sole question was whether the Sheriffs had dealt rightly in the matter of the expenses, having, as previously reported, been held competent and sent to the roll, counsel was subsequently heard on this question, and the Lords, without calling on the respondents' counsel, refused the appeal.
Respondent's counsel having moved for expenses, the appellant submitted that the respondent having occasioned the expense of the argument as to the competency of the appeal, in which he was held to be wrong, should not be found entitled to expenses in respect of his success on the merits— Hamilton v. Hamilton, March 20, 1877, 4 R. 688.
The Lords refused the appeal, and found no expenses due to or by either party.
Counsel for Appellant— Rhind— Baxter. Agent— Robert Menzies, S.S.C.
Counsel for Respondents— Moncreiff. Agents— Carment, Wedderburn, & Watson, W.S.