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United Kingdom House of Lords Decisions
You are here: BAILII >> Databases >> United Kingdom House of Lords Decisions >> Barrie v. Caledonian Railway Co. [1903] UKHL 600 (20 March 1903)
URL: http://www.bailii.org/uk/cases/UKHL/1903/40SLR0600.html
Cite as: 40 ScotLR 600, [1903] UKHL 600
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SCOTTISH_SLR_House_of_Lords
Page: 600↓
House of Lords.
Appeal Committee.
(Before
v.
( Ante, November 1, 1902, 40 S.L.R. 50.)
Subject_Appeal to House of Lords — Competency — Appeal on Question of Expenses only.
Facts:
An appeal to the House of Lords on the question of expenses only is not competent.
This case is reported ante ut supra.
The Caledonian Railway Company (defenders and appellants) appealed to the House of Lords, but upon the question of expenses only.
The pursuer and respondent objected to the competency of the appeal, in respect that it was taken upon the question of expenses only, and cited Macqueen's Practice of the House of Lords, p. 94; Denison & Scott's House of Lords Appeal Practice, p. 67; Tod v. Tod (1827), 2 W. & S. 542; Horne v. Pringle (1840), 8 Cl. & F. 264; and Court of Session (Scotland) Act 1825 (6 Geo. IV. c. 120) (Judicature Act), sec. 40.
The Appeal Committee held that the appeal, being on the question of expenses only, was incompetent, and dismissed the appeal with five guineas costs.
Solicitors: Agents for the Pursuer and Respondent— A. & W. Beveridge, Westminster—Smith & Watt, W.S., Edinburgh.
Agents for the Defenders and Appellants— Grahames, Currey, & Spens, Westminster— Hope, Todd, & Kirk, W.S., Edinburgh— H. B. Neave, Glasgow.