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H. R. Marsden, Limited, pursuers , raised an action against Alexander Brunton & Page: 750 ↓
The defenders reclaimed, and on 9th July 1913 the case was sent to the roll. On Friday 12th June 1914 the case was put out in the roll for the week following. On the same day, 12th June, the reclaimers intimated to the respondents that they intended to abandon the reclaiming note, and, on 13th June, presented a note to the Lord President praying him “to move the Court to refuse the said reclaiming note, and to find the reclaimers liable in two pounds two shillings of modified expenses.”
On 17th June 1914, on counsel for the reclaimers moving the Court to grant the prayer of the note, counsel for the respondents moved for full expenses and for a remit to the Auditor stating that though no documents had already been printed, nor counsel instructed, yet certain preparations had been made by the respondents for the hearing, and in particular that copies had been made for the printers of certain documents which the respondents considered necessary for their case. It was not stated that any notice of these preparations had been given to the reclaimers.
The Court stated that they would consult the other Division on the matter, and subsequently requested a note of the cases on which the parties relied.
Authorities for the reclaimers .— Kirkwood v. Knox , June 4, 1868, 6 Macph. 898 ; Robertson v. Robertson's Executors , November 8, 1899, 2 F. 77, 37 S.L.R. 58 ; Davidson & Others v. Allen , March 14, 1878, 5 R. 763 ; Maclachlan v. Mackay , November 24, 1899, 2 F. 163, 37 S.L.R. 118 ; Gilchrist & Company v. Smith , January 9, 1901, 3 F. 329, 38 S.L.R. 238 ; Wyllie v. Richard , November 28, 1837, 16 S. III ; Gordon v. Kellie , November 29, 1848, 11 D. 166 ; Smith Sligo v. Knox , November 20, 1880, 8 R. 41, 18 S.L.R. 39 .
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