Where a decree in absence is sought to be reduced, the pursuer, as a condition of his being allowed to insist in the action, must first pay the expenses decerned for in the previous decree. If he is successful in the reduction, he is not entitled to claim repayment of these previous expenses, as forming part of the expenses of the action of reduction. A different judgment appears to have been pronounced in one case, but it does not appear to be supported by the opinion of the majority of the judges who, as reported, were against the claim.
Definition source
Bell, William, A Dictionary and Digest of the Law of Scotland, 7th ed. rev. George Ross (Edinburgh: Bell & Bradfute, 1861), s.v. “Courts.” Public domain.
Legal Subject: Courts |
| Case | Date | Legal Subject | Abstract |
|---|---|---|---|
| Common Agent v. Corrie | 1794 | Adjudication, Interlocutor, Execution, Personal Objection, Courts, Expenses | Common Agent petitioned the court, arguing that Corrie's decree of cognition was void because it had not been properly notified. Based on the single document cataloged for this case. |
| Petition of the Magistrates of Dunfermline | 1793 | Expenses, Jurisdiction, Alter, Prisoner, Sheriff, Courts |
