References: [1853] EngR 496, (1853) 2 El & Bl 14, (1853) 118 ER 674
Links: Commonlii
S raised an action against P before the Lords of Session in Scotland, who dismissed the action, and found P entitled to his expenses. S appealed to the House of Lords. Pending the appeal, P petitioned the Lords of Session for decree arid interim execution, under stat, 48 G 3, c 151, s. 17, for the expences. The Lords of Session allowed the decree, pronouncing an interlocutor and interim decree for payment upon security to repay (‘caution to repeat’}in the event of a reversal of the original judgment in the House of Lords, with warrant, in failure of payment after a time named, to poind S’s goods. – Security having been given, and the time havirig expired, P now sued for the amount of the expences.
Held: The action was not maintainable, the decree for payment not being in the nature of a final judgment.
