Montgomerie-Fleming's Trustees v. Kennedy [1912] ScotLR 4 (18 October 1912)

Montgomerie-Fleming's Trustees v. Kennedy [1912] ScotLR 4 (18 October 1912)

Objection to the Auditor's allowance of the expense for photographs is repelled because the Auditor is competent to decide such matters and the sum involved is minor.

Citation
[1912] ScotLR 4
Parties
Pursuer: Hugh Tennant, Holland House, West Kilbride, and others, testamentary trustees of the late J. B. Montgomerie-Fleming, of Kelvinside, Glasgow; Defender: Alexander Kennedy, cabinetmaker and upholsterer, Byres Road, Glasgow
Jurisdiction
Scotland
Judgment Date
18 October 1912
Procedural Posture
Action of Declarator and Interdict / Objection to Auditor's Report on Expenses
Outcome
Objection repelled
Legal Topics
Expenses, Taxation of Costs, Evidentiary Materials
Civil Procedure Expenses Taxation of Costs Evidentiary Materials

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Parties

Hugh Tennant, Holland House, West Kilbride, and others, testamentary trustees of the late J. B. Montgomerie-Fleming, of Kelvinside, Glasgow

Pursuer

Alexander Kennedy, cabinetmaker and upholsterer, Byres Road, Glasgow

Defender

Procedural Posture

Action of Declarator and Interdict / Objection to Auditor's Report on Expenses

Legal Issues

  1. 1 Whether the cost of photographs obtained by pursuers should be allowed as an expense

Ratio Decidendi

Objection to the Auditor's allowance of the expense for photographs is repelled because the Auditor is competent to decide such matters and the sum involved is minor.

Court Disposition

Objection repelled

Orders

  • Auditor's allowance of £9 odd for photographs stands