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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Bannatyne v. M'Lean [1884] ScotLR 21_479 (11 March 1884)
URL: http://www.bailii.org/scot/cases/ScotCS/1884/21SLR0479.html
Cite as: [1884] ScotLR 21_479, [1884] SLR 21_479
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SCOTTISH_SLR_Court_of_Session
Page: 479↓
Court of Session Inner House Second Division.
[Sheriff of Argyllshire.
v.
Facts:
Decree having been given in a Sheriff Court appeal for a sum of damages and expenses, pursuer moved for approval of the Auditor's report and decree for the taxed amount. The defender stated that payment of expenses in full had been already tendered coupled with a personal undertaking to pay the expenses of extract should that become necessary, and moved for deduction of the expense of the motion. The Court, following the case of Allan v. Allan's Trustees, July 1, 1851, 13 D. 1270, gave decree for the amount of the account as taxed, less the expense of the motion for approval and decree.