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Lord Jeffrey, Ordinary, reported a question in this case for the advice of the Court, viz. whether the defenders, who had been called on by the pursuers as havers to produce documents, and who, as they said, with much trouble and outlay, had searched for and made copies of the documents required, were entitled, medio processu, and without abiding the termination of this suit, to move for the expenses so incurred at the call and for the benefit of the pursuer. The question had before occurred to his Lordship, but he had hitherto reserved the expenses till the expiry of the cause.
The Court , without meaning to decide the question generally, thought that ample justice would be done in this particular case, by reserving the question of expenses till the end of the cause. Expenses, ad interim, refused .
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Common Room
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