Gavin v. P. Henderson & Co. and Others [1910] ScotLR 460 (16 March 1910)

Gavin v. P. Henderson & Co. and Others [1910] ScotLR 460 (16 March 1910)

The Court affirmed the Sheriff-Substitute's interlocutor, holding that the successful defender was entitled to the taxed expenses and to the expenses of the appearance in the Single Bills, and ordered immediate extract.

Citation
[1910] ScotLR 460
Parties
Pursuer: Joseph Gavin; Defender: P. Henderson & Co.
Jurisdiction
Scotland
Judgment Date
16 March 1910
Procedural Posture
Civil / Motion for Expenses Following Remit From Sheriff Court to Court of Session
Outcome
motion granted; interlocutor affirmed
Legal Topics
Expenses, Remitted Cause, Sheriff Court Procedure, Extract of Decree
Civil Procedure Expenses Remitted Cause Sheriff Court Procedure Extract of Decree

Case Brief

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Parties

Joseph Gavin

Pursuer

P. Henderson & Co.

Defender

Procedural Posture

Civil / Motion for Expenses Following Remit From Sheriff Court to Court of Session

Legal Issues

  1. 1 Whether a successful defender, assoilzied in the Sheriff Court, is entitled to extract and expenses after the cause is remitted to the Court of Session
  2. 2 Whether the defender remains a party entitled to be heard on expenses after assoilziment and remit

Ratio Decidendi

The Court affirmed the Sheriff-Substitute's interlocutor, holding that the successful defender was entitled to the taxed expenses and to the expenses of the appearance in the Single Bills, and ordered immediate extract.

Court Disposition

motion granted; interlocutor affirmed

Orders

  • Affirms the interlocutor of the Sheriff-Substitute dated 8th February 1910
  • Decerns anew against the pursuer for payment to P. Henderson & Co. of £13, 10s. 7d.