Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.
Subject_2 FORM OF PROCESS.

Ranken and Pirnie
v.
Cowan

Date: 27 February 1777

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When a petition, reclaiming against an Ordinary’s interlocutor, is advised, the cause returns to the Ordinary without the necessity of any express remit; such sometimes is added ex super abundantia, but it is not necessary. It is otherwise in a report, where the Ordinary makes avizandum to the Lords: in that case he is exauctorated, and can proceed no further, without a remit back again. As to expenses; if the cause is before the Court, by petition and answers, these may be sought, and often are sought, at the time of advising the petition and answers; but, if not then sought, may be demanded afterwards before the Ordinary, because the cause returns to him of itself without any remit, and may be further proceeded in. The Lords were unanimously of this opinion, in a cause this day before them, The Tacksmen of the Town of Edinburgh, their Impost, against Cowan. Cowan, the suspender, having prevailed before the Ordinary, the Tacksmen reclaimed; but, upon advising petition and answers, the Lords adhered. At this time no motion was made for expenses, nor any thing said concerning them. Cowan afterwards enrolled the cause before the Ordinary, and craved expenses; the Ordinary found him entitled thereto. The chargers reclaimed, and maintained 1st, That this was incompetent; 2do, That, in justice, no expenses were due. The Lords repelled the first, but they complied with the last, and found the suspender entitled to no expenses.