Inglis v. National Bank of Scotland, Ltd

Subject_1 Process Subject_2 Reclaiming Note Subject_3 Competency Subject_4 Interlocutor Approving of Auditor's Report and Decerning for Expenses — Court of Session Act 1868 (31 and 32 Vict. c. 100), sec. 53. Facts: An interlocutor was pronounced by a Lord Ordinary assoilzieing the defenders and finding them entitled to expenses, reserving as to modification if any. More than twenty-one days thereafter a subsequent interlocutor was pronounced approving of the Auditor's report and decerning for the taxed amount of expenses.

Held that it was competent to reclaim against this interlocutor within twenty-one days.

The Auditor having reported, the Lord Ordinary ( Dewar ), on 19th July 1910, pronounced this interlocutor—“The Lord Ordinary approves of the report by the Auditor ad interim in the defenders' account of expenses, and decerns against the pursuer for payment to the defenders of the sum of £363, 6s., the taxed amount thereof.”

The pursuer reclaimed against this interlocutor, his note being dated August 18, 1910, the first boxday in vacation.

Argued for pursuer — Esto that the expenses were not part of the merits, they were part of the subject-matter of the cause. That being so, the reclaiming note was competent, and it brought up all prior interlocutors — Baird v. Barton , June 22, 1882, 9 R. 970 , 19 S.L.R. 731 ; Crellin's Trustee v. Muirhead's Judicial Factor , October 21, 1893, 21 R. 21 , 31 S.L.R. 8 ; Taylor's Trustees v. M'Gairgan , May 21, 1896, 23 R. 738 , 33 S.L.R. 569 .