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United Kingdom House of Lords Decisions
You are here: BAILII >> Databases >> United Kingdom House of Lords Decisions >> Patrick Lord Kinnaird, and Lady Elizabeth his Wife v. John Riddoch the Trustee of Catharine Lyon, and the said Catharine Lyon [1711] UKHL Robertson_11 (24 January 1711)
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Cite as: [1711] UKHL Robertson_11
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SCOTTISH_HoL_JURY_COURT
Page: 11↓
(1711) Robertson 11
REPORTS OF CASES ON APPEAL FROM SCOTLAND.
Case 5.
v.
Subject_Appeal. —
An appeal dismissed and costs awarded, and directions given to levy the same against Appellants who had entered into no recognizance.
On the 21st of March 1709–10, the appellants brought their appeal from a decree of the Court of Session of the 28th of February then last, by which the Court had preferred the respondents as creditors of the Earl of Aboyne deceased, to the rents of his Lordship's estates for the years 1707 and 1708, to the appellant Elizabeth, who had an annuity out of the said Earl's (her first husband's) estate. An order was made to put in answer to this appeal, and Riddoch accordingly answered on the 21st of December 1709; and upon his petition, it was ordered “that the cause should be heard on the 18th of January following, and that in the mean time Lord Kinnaird should enter into a recognizance to answer costs as usual (a).”
This order was served upon Lord Kinnaird at Aberdeen; but no notice was taken of it, nor did his Lordship enter into any recognizance, or appear on the day appointed for hearing. On the 24th of January 1710–11, the respondents presented a petition to the House, stating the above facts, and that the appeal had been presented merely for delay, and praying that it might be dismissed with exemplary costs: and along with this petition was presented this affidavit of service upon Lord Kinnaird.
Journal, 24 Jan. 1710–11.
After due consideration of this case, it is ordered, that the petition and appeal be dismissed; and it is further ordered, that the said Lord Kinnaird and his wife shall pay or cause to be paid to the
_________________ Footnote _________________
(a) Recognizances at that period were to be entered into according to the terms of the sanding order of 20th November, 1680, namely, that the Appellant should, “before any answer to his petition” enter into a recognizance for 100
l.
Page: 12↓
Two days after the date of this order, the standing order of 26th January 1710–11 relative to recognizances was made, which directs that appellants shall enter into recognizance of the penalty of one hundred pounds within 8 days after the appeal received, to pay such costs as should be awarded.
On the 17th of March 1710–11, Catherine Lyon presented a petition to the House, stating that Lady Kinnaird had been served with the former order, and refused to obey the same, of which the petitioner produced affidavit.
Journal, 22d March 1710–11.
It is ordered that these words be added to the former, viz. “And that the Lords of Council and Session in North-Britain do order the 40 l. costs, given by this House to Catherine Lyon, to be levied by the same rules and methods as costs given by them are to be levied.”