Freely Available British and Irish Public Legal Information
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Stiven v. Fleming [1885] ScotLR 22_673 (30 May 1885)
URL: http://www.bailii.org/scot/cases/ScotCS/1885/22SLR0673.html
Cite as: [1885] SLR 22_673, [1885] ScotLR 22_673
[New search] [Printable PDF version] [Help]
SCOTTISH_SLR_Court_of_Session
Page: 673↓
Court of Session Inner House First Division.
[
v.
Facts:
In an action of reduction of a disposision on the ground of fraud, the Lord Ordinary, in respect of the bankrupt defender's failure to find caution for expenses, decerned against him conform to the reductive conclusions of the libel. His trustee did not appear in the action. On a reclaiming-note for the defender the Court recalled this interlocutor, and found (following Buchanan v. Stevenson, Dec. 7, 1880, 8 R. 220) that the general rule in such cases was that a defender was not obliged to find caution for expenses of process, and that here the bankrupt's character being assailed, the rule should be applied.
Counsel for Pursuer— J. P. B. Robertson— Law. Agents— Rhind, Lindsay, & Wallace, W.S.
Counsel for Defender— Nevay. Agent— B. Broatcb, L.A.