Costs and Expences – A person, having right to the balance of the price of an estate, which price was stipulated for in an agreement with penalty, obtains decrees in several different actions for principal and intereft; and in the last of these actions, insists for expences of all the former actions: the Court having found that in that action the expences of the others could not be allowed because there was probabilis causa litigandi, and since the did not insist for expences in her other actions; upon appeal the judgment is reversed, and the Court ordered to cause the cost and expences of all the actions to be taxed and paid to the appellant.
Subsequent proceedings of the House of Lords on two complaints by the appellant, that the Court had not taxed her costs; the House by a committee afterwards taxes the costs and expences of the Court of Session, and the expences of the said two complaints, and ordains the respondent (a minor), his tutors and curators, to pay 611 l 4 s. 4 .5 d. to the appellant for her costs and expences.
On the 3d of January 1667, Charles Earl of Aboyne, grand-father to the respondent Earl John, entered into articles of agreement with John Lyon of Muiresk, the appellant’s late
[1715] UKHL Robertson – 154, (1715) Robertson 154
Bailii
Scotland
Contract
Updated: 04 January 2022; Ref: scu.553489