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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Elizabeth Moodie v Robert Rhynd, &c. [1774] Hailes 550 (15 January 1774) URL: http://www.bailii.org/scot/cases/ScotCS/1774/Hailes010550-0309.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 EXPENSES.
Date: Elizabeth Moodie
v.
Robert Rhynd, &c
15 January 1774 Click here to view a pdf copy of this documet : PDF Copy
In this case the Lords repelled the objection that the account of expenses exceeded the sum libelled for in name of expenses.
It was observed that a pursuer could not know how far the litigiosity of his party might go, and that it would be inequitable to refuse him his just expenses because he had not concluded for them: That the case may be different as to damages; for every pursuer may know, at the time of raising his libel, what damage he has really suffered.
It was also observed, that the contrary had been found in the case of Marshall against Carnieson; but that, in a later case, stated by Lord Stonefield, at the foot of the table, the Lords repelled the objection.
Act. Ch. Hay. Alt. D. Rae. Concluded cause.
The electronic version of the text was provided by the Scottish Council of Law Reporting