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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Gowans and Others (Gowans' Trustees) v. Gowans and Others [1889] ScotLR 27_210 (14 December 1889)
URL: http://www.bailii.org/scot/cases/ScotCS/1889/27SLR0210.html
Cite as: [1889] SLR 27_210, [1889] ScotLR 27_210
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SCOTTISH_SLR_Court_of_Session
Page: 210↓
Court of Session Inner House First Division.
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v.
Facts:
The Court of Session Act 1868 (31 and 32 Vict. cap. 100), sec. 53, provides—“It shall be held that the whole cause has been decided in the Outer House when an interlocutor has been pronounced by the Lord Ordinary which, either by itself or taken along with a previous interlocutor or interlocutors, disposes of the whole subject-matter of the cause or of a competition between the parties in a process of competition, although judgment shall not have been pronounced upon all the questions of law or fact raised in the cause; but it shall not prevent a cause from being held as so decided that expenses if found
Page: 211↓
due have not been taxed, modified, or decerned for.” … In an action of multiplepoinding involving the distribution of a trust-estate among a number of claimants, the Lord Ordinary pronounced an interlocutor in which he made various findings construing the trust-deed, but without any finding as to expenses, and without ranking and preferring any of the claimants, and appointed the cause to be enrolled in order that these findings might be applied.
A reclaiming-note at the instance of one of the claimants presented without the leave of the Lord Ordinary was refused as incompetent, on the ground that the interlocutor reclaimed against was not a final interlocutor in terms of sec. 53 of Court of Session Act 1868.