Stirling Maxwell's Trustees v Kirkintilloch Police Commissioners
| Jurisdiction | Scotland |
| Judgment Date | 16 October 1883 |
| Date | 16 October 1883 |
| Docket Number | No. 1. |
| Court | Court of Session |
Lord Fraser. B., Lord President, Lord Deas, Lord Mure, Lord Shand.
Process—Reclaiming Note—Competency—Expenses.—
Where an interlocutor has been pronounced by a Lord Ordinary disposing of the whole merits of a cause and finding one of the parties liable in expenses, a subsequent interlocutor, which merely approves of the Auditor's report (to which no objections have been lodged), and decerns for the taxed amount of expenses, cannot be reclaimed against.
In an action of declarator and interdict by the trustees and executors of Sir William Stirling Maxwell and others against the Police Commissioners of the burgh of Kirkintilloch, the defenders, by minute, dated 20th July 1882, admitted that the river Kelvin (the alleged pollution of which was the subject of the action), was being seriously polluted by the discharge into it of the Kirkintilloch sewage; and they stated that they were willing to execute a system of drainage works, and craved the Lord Ordinary to remit to Messrs Kyle, Dennison, & Frew, C.E., to examine and report, which he did of the same date. The minute stated further that the defenders ‘agreed to pay the expenses of process incurred, and to be incurred, by the pursuers, and that they forthwith consented to the account of expenses incurred to the present time being remitted to the Auditor for...
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