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 >> Orr v. Smith [1891] ScotLR 28_589 (17 January 1891)
URL: http://www.bailii.org/scot/cases/ScotCS/1891/28SLR0589.html
Cite as: [1891] SLR 28_589, [1891] ScotLR 28_589
[New search] [Printable PDF version] [Help]
SCOTTISH_SLR_Court_of_Session
Page: 589↓
Court of Session Outer House.
[
v.
Facts:
An unsuccessful complainer in a note of suspension and interdict against the erection of a boundary wall tendered the taxed amount of expenses under deduction of the expense of approval and decree and of extracting the interlocutor. The Lord Ordinary found that the respondent was entitled to an extract at the complainer's expense, and that the tender was insufficient, and he accordingly approved and decerned in the ordinary form for the taxed amount.
Complainer's authorities— Allan v. Allan's Trustees, 13 D. 1270; Magistrates of Leith v. Gibb, 19 S.L.R. 399; Bannatyne v. M'Lean, 21 S.L.R. 479.
Respondent's authorities— Hunter v. Stewart, 20 D. 60; Scott v. North British Railway Company, 22 D. 922.
Counsel for the Complainer— G. W. Burnet. Agent— F. J. Martin, W.S.
Counsel for the Respondent— C. N. Johnston. Agents— Thomson, Dickson, & Shaw, W.S.