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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Petition - Morris [1866] ScotLR 3_84 (5 December 1866) URL: http://www.bailii.org/scot/cases/ScotCS/1866/03SLR0084.html Cite as: [1866] SLR 3_84, [1866] ScotLR 3_84 |
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Page: 84↓
( ante, vol. ii., p. 222.)
A petition to apply a judgment of the House of Lords affirming one of this Court is incompetent; and one for delivery of a bond of caution to repeat expenses, ordered to be paid under an applications for interim executions is unnecessary, where the judgment is affirmed, because the bond is conditions on reversed only.
In this case the Court of Session had decerned in the petitioner's favour, with expenses, and an appeal having been taken to the House of Lords, had granted interim execution for expenses on the usual bond of caution for repetition being lodged. The House of Lords having simply affirmed the judgment, the petitioner in this petition asked the Court to apply the judgment of the House of Lords, and to grant warrant to the clerk for delivery of the bond of caution.
Orr Paterson appeared for the petitioner.
Alex. Blair for the respondent.
The Court, ex proprio motu, dismissed the petition as unnecessary, holding that where the House of Lords' judgment was a simple affirmance, it was neither necessary nor competent to apply the judgment, and there was no occasion for delivery of the bond of caution, because its coming into operation was conditional on reversal only.
Solicitors: Agents for Petitioner— Duncan & Dewar, W.S.
Agents for Respondent— Hunter, Blair & Cowan, W.S.
