Page: 420↓
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The pursuer in this action for damages for injury to his crops by the defenders' operations was unsuccessful in the Outer House, but the Inner House recalled the interlocutor of the Lord Ordinary and awarded damages. He then moved, within eight days of the decision of the Inner House, for a certificate for the expense of certain scientific witnesses adduced by him. The defenders objected that the motion could only be competently made before the Judge who took the proof. The Court held the motion incompetent and refused it.
Counsel For Pursuer— Rhind. Agent— Thomas Dalgleish, S.S.C.
Counsel for Defenders— R. Johnstone— G. W. Burnet. Agent— Robert Stewart, S.S.C.