Scottish Court of Session Decisions

Mrs Annie Corner Tait or Cumming, Portobello, complainer, brought a note of suspension in the Bill Chamber against John Mitchell Hendry and Andrew Hendry junior, solicitors, Dundee, respondents, of a charge at their instance for the sum of £226, with interest, upon an extract registered bond and disposition in security.

In the note the complainer stated “that the complainer considers that in the whole circumstances of the case she is entitled to have this note passed without caution or consignation.”

At the hearing in the Bill Chamber the complainer amended the note by adding after the word “complainer” in the statement, supra, the words “is prepared, if your Lordships shall so appoint, to find caution, but she.”

On 18th December 1912 the Lord Ordinary on the Bills ( Hunter) pronounced this interlocutor—“Allows the note to be amended to the effect of offering caution, and this having been done, on caution as offered passes the note.”

On the case appearing in the Single Bills of the Second Division the respondents objected to the competency of the reclaiming note, and argued—By amending the note at the hearing in the Bill Chamber to the effect of offering to find caution the complainer had virtually abandoned her objection to finding caution, and she was therefore barred from now reopening the question.

Argued for the respondents—The complainer did not abandon her contention that caution was unnecessary by offering to find it if so required, and therefore she was entitled to reclaim against the interlocutor appointing her to find it—Mackay's Manual of Practice, 129.