Bonner's Trustee v. Bonner [1902] ScotLR 39_532 (15 January 1902)

Bonner's Trustee v. Bonner [1902] ScotLR 39_532 (15 January 1902)

The ordinary rule that expenses follow the result applies; the defender, having been assoilzied, is entitled to expenses against the trustee, and the absence of a trust estate does not alter this. It is competent for the respondent to use the reclaiming-note to bring the expenses finding under review.

Citation
[1902] ScotLR 39_532
Parties
Pursuer and Reclaimer: Bonner's Trustee; Defender and Respondent: Robert Bonner
Jurisdiction
Scotland
Judgment Date
15 January 1902
Procedural Posture
Civil / Reclaiming Note (appeal) on Expenses After Judgment
Outcome
Defender assoilzied with expenses; Lord Ordinary's interlocutor altered to award expenses to defender.
Legal Topics
Testamentary Trusts, Married Women's Property, Expenses (costs), Reclaiming Note Procedure
Trusts and Estates Family Law Civil Procedure Testamentary Trusts Married Women's Property Expenses (costs) Reclaiming Note Procedure

Case Brief

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Parties

Bonner's Trustee

Pursuer and Reclaimer

Robert Bonner

Defender and Respondent

Procedural Posture

Civil / Reclaiming Note (appeal) on Expenses After Judgment

Legal Issues

  1. 1 Whether the defender (husband) was entitled to expenses against the trustee after being assoilzied in an action for recovery of trust property.
  2. 2 Whether it was competent for the respondent to proceed with a reclaiming-note, abandoned by the reclaimer, solely to bring the Lord Ordinary's findings as to expenses under review.

Ratio Decidendi

The ordinary rule that expenses follow the result applies; the defender, having been assoilzied, is entitled to expenses against the trustee, and the absence of a trust estate does not alter this. It is competent for the respondent to use the reclaiming-note to bring the expenses finding under review.

Court Disposition

Defender assoilzied with expenses; Lord Ordinary's interlocutor altered to award expenses to defender.

Orders

  • Defender found entitled to expenses against the pursuer.
  • Lord Ordinary's interlocutor altered to award expenses to defender.