Smith v. Gordon [1908] ScotLR 513 (10 March 1908)

Smith v. Gordon [1908] ScotLR 513 (10 March 1908)

The Court held that, where the motion for decree for expenses in the name of the local agent-disburser is made by instructions of the principal agent, is duly intimated, and is unopposed, such decree may be granted.

Citation
[1908] ScotLR 513
Parties
Pursuer (respondent): John Alexander Smith; Defender (appellant): John Gordon; Agent for Defender (appellant) in Court of Session: W. Croft Gray, S. S. C.; Agent Disburser in Sheriff Court: Robert Gray, solicitor, Peterhead
Jurisdiction
Scotland
Judgment Date
10 March 1908
Procedural Posture
Appeal From Sheriff Court (interdict) / Approval of Auditor's Report and Decree for Expenses
Outcome
Decree for taxed expenses granted in name of local agent-disburser.
Legal Topics
Expenses, Agent Disburser, Decree for Expenses, Interdict
Civil Procedure Expenses Agent Disburser Decree for Expenses Interdict

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Parties

John Alexander Smith

Pursuer (respondent)

John Gordon

Defender (appellant)

W. Croft Gray, S. S. C.

Agent for Defender (appellant) in Court of Session

Robert Gray, solicitor, Peterhead

Agent Disburser in Sheriff Court

Procedural Posture

Appeal From Sheriff Court (interdict) / Approval of Auditor's Report and Decree for Expenses

Legal Issues

  1. 1 Whether decree for expenses can be granted in the name of the local agent-disburser upon assurance of proper instructions and intimation

Ratio Decidendi

The Court held that, where the motion for decree for expenses in the name of the local agent-disburser is made by instructions of the principal agent, is duly intimated, and is unopposed, such decree may be granted.

Court Disposition

Decree for taxed expenses granted in name of local agent-disburser.

Orders

  • Interlocutor approving Auditor's report pronounced.
  • Decree for payment of taxed expenses by pursuer to defender.