Scottish Court of Session Decisions

Subject_1Process
Subject_2Expenses
Subject_3Aged Witness
Subject_4Expense of Medical Certificate — Copies of Report of Commission — Objections to Auditor's Report — A.S., 16th February 1841, sec. 17.
Facts:

In an action of reduction it was averred that one of the defenders was unable to be present through old age,

Page: 40↓

and an affidavit was lodged to that effect in terms of the Act of Sederunt of 16th February. She was accordingly examined on commission, and the evidence so taken was used at the trial. The case was decided in favour of the defenders, and the pursuers were found liable to them in the expenses of process as taxed by the Auditor. The pursuers objected to the Auditor's report on the defenders' account that he had improperly allowed (1) the expense of a doctor's attendance on the defender in order that an affidavit of her inability to appear at the trial might be given; and (2) the expense of two copies of the report of the commission containing the evidence of the same defender, whereas the expense of only one copy should have been allowed.

The Court repelled the objections.