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Scottish Court of Session Decisions >>
Falconer v Wishart. [1694] Mor 4033 (38 July 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Mor1004033-014.html Cite as:
[1694] Mor 4033
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David Falconer gave in a petition contra William Cleland, mentioned 26th July 1694, No 70. p. 3731. founded on the acts of James III. and V., Queen Mary, and James VI. that malicious pleyers who tyne the cause, should pay the other party damage and expenses; and subsumed, that on an uncontroverted principle anent the nullity of the inhibition, he has put him to upwards of L. 1200 Scots of expenses, &c.——The Lords found, seeing there were different interlocutors, and so probabilis causa litigandi, there could be no expenses modified; for the lawyers say, that opinio unius doctoris is sufficient to liberate from expenses.
