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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Nixon v. Houston [1898] ScotLR 50_1 (8 November 1898)
URL: http://www.bailii.org/scot/cases/ScotCS/1898/36SLR0050_1.html
Cite as: [1898] SLR 50_1, [1898] ScotLR 50_1
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SCOTTISH_SLR_Court_of_Session
Page: 50↓
Court of Session Inner House Second Division.
[Sheriff of Lanarkshire.
v.
(Ante July 19, 1898, 35 S.L.R. 920.)
Facts:
In this case (reported ante ut supra) the defenders, having applied to the pursuer to pay the expenses decerned for, and having failed to obtain payment, on 21st October 1898 moved the Court to fix a time within which the pursuer should be ordained to pay to the defender the said taxed expenses, under certification that if he failed to do so the defender would be assoilzied.
There was no appearance for the pursuer.
The Court pronounced the following interlocutor (Lord Moncreiff being absent): —“Ordain the pursuer to make payment to the defender of the sum of £07, 12s. 6d. within the next fourteen days, under certification that on his failure to do so the defender will be assoilzied from the conclusions of the action.”
On 8th November, the expenses not having been paid, the Court, on the motion of the defender (there being no appearance for the pursuer), assoilzied the defender from the conclusions of the action.
Counsel for the Defender and Respondent— Salvesen. Agent— Alexander Wylie, S.S.C.