Scottish Court of Session Decisions

The Rev. J. J. Robertson, minister of the Presbyterian Church, Adelaide, South Australia, brought an action against the executors of the late Mrs Isabella Milne or Robertson. On 16th December 1898 the Lord Ordinary ( Kyllachy) dismissed the action, and on 10th March 1899 found the pursuer liable in expenses as taxed. On April 6th 1899 the pursuer reclaimed. On November 8th 1889, before the case appeared on the roll for discussion, he presented a note of withdrawal of the reclaiming-note, and prayed the Court to find the respondents entitled to two guineas of modified expenses. The respondents moved that the expenses be increased to £4, 4s., in respect of the long interval which had elapsed since the date of reclaiming, and the expense incurred by them in considering whether it was necessary for them to print any of the documents in the proof, which were very numerous— Little Orme's Head Limestone Company, Limited v. Hendry & Co., November 25, 1897, 25 R. 124. They admitted that they had received intimation of the withdrawal before they had instructed counsel or actually printed anything.

The reclaimer argued that it was his duty and not that of the respondents to print the documents, and that there was therefore nothing to take the case out of the general rule of awarding £2, 2s.— Davidson v. Allen, March 14, 1878, 5 R. 763.