Scottish Court of Session Decisions

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URL: http://www.bailii.org/scot/cases/ScotCS/1910/48SLR0111.html
Cite as: [1910] SLR 111, [1910] ScotLR 111

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SCOTTISH_SLR_Court_of_Session

Page: 111↓

Court of Session Inner House Outer House.

Tuesday, July 5. 1910.

[ Lord Mackenzie.

48 SLR 111

Buchanan

v.

Ballantine.

Subject_1Process
Subject_2Expenses
Subject_3Caution for Expenses
Subject_4Pursuer Ordained to Find Caution for Expenses — Action Unsuitable for Trial in Court of Session.
Facts:

A pursuer having raised an action of damages, applied for the benefit of the poor's roll. The reporters found that there was a probabilis causa, but on consideration of their report the Second Division refused admission to the roll on the ground that the cause was unsuitable for trial in the Court of Session. The pursuer thereupon proposed to proceed with the action in the Court of Session in ordinary form.

The Court ( per Lord Mackenzie) ordained the pursuer to find caution for expenses within fourteen days.

Headnote:

This was an action of damages for slander at the instance of Effingham D. Buchanan, Strathaven, against Andrew Ballantine, farmer, Glassford, Hamilton, in which proceedings were sisted in order to allow the pursuer an opportunity to apply for the benefit of the poor's roll.

The matter came before the reporters on probabilis causa litigandi, who reported that there was a probabilis causa, but thereafter, on the consideration of the report by the Second Division, the Court refused to admit the pursuer to the poor's roll, on the ground that the cause was unsuitable for trial in the Court of Session.

The pursuer then enrolled the case before Lord Mackenzie (Ordinary), and intimated that he desired to proceed with the action in the Court of Session in common form, and on 14th June 1910 the Lord Ordinary, on the pursuer's motion, recalled the sist.

On 5th July 1910 counsel for the defender moved the Court to ordain the pursuer to find caution for expenses, and cited Ritchie v. Mackintosh, June 2, 1881, 8 R. 747, 18 S.L.R. 528; and Robertson v. Meikle, July 15, 1890, 28 S.L.R. 18.

Judgment:

The Lord Ordinary ( Mackenzie) pronounced the following interlocutor:—“The Lord Ordinary having heard counsel, in respect of the interlocutor of the Second Division of 8th June 1910 finding that this action is not a suitable one to be raised in the Court of Session, ordains the pursuer to find caution for expenses in common form, and that within fourteen days.”

Counsel:

Counsel for the Pursuer— Dykes. Agent— Robert Gray, S.S.C.

Counsel for the Defender — Fenton. Agents— Simpson & Marwick, W.S.
1910

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