Scottish Court of Session Decisions

The defenders in this case having appealed to the House of Lords, the pursuers peti-tioned the Court to approve of the Auditor's report on their account of expenses, decern against the defenders for the amount thereof, and to allow the decree to be extracted and execution to proceed thereon to the effect of enabling the petitioners to recover from the said defenders the taxed amount of said expenses “with the expenses of extract and of this petition.”

In moving the Court to grant the prayer of the petition, the petitioners specially asked the Court to allow them the expenses of the petition and the dues of extract.

The Court declined to pronounce any order save in the usual terms, and thereafter pronounced the following interlocutor:—

“Having resumed consideration of the petition for execution pending appeal, along with the Auditor's report upon the petitioners' account of expenses, Approve of said report, and decern against the Anglo-American Brush Electric Light Corporation (Limited) for the sum of £1114, 18s. 4d., the taxed amount of said expenses: Allow said decree to go out and be extracted and execution to proceed thereon, all as prayed for in said petition, upon the petitioners finding caution in common form to repeat whatever sum or sums they may recover under this decree in the event of the interlocutors appealed against being reversed in the House of Lords.”