Scottish Court of Session Decisions

In this case parties were appointed to report a joint commission by the third sederunt day. The pursuer failed to lodge his proof by this date, and after the case had been several times on the roll, and dropped with the view of enabling the pursuer to proceed in the matter, the case was put to the roll by the defender, and, on his motion, decree of circumduction of the period for reporting the proof was pronounced by the Lord Ordinary. After expiry of the reclaiming days, within which a note might be boxed to the Inner House for reponement, the case was put to the roll by the pursuer, and the Lord Ordinary was moved to allow him to lodge proof which he had led in the cause. It was maintained for the pursuer that the interlocutor pronouncing circumduction of the period of reporting had been pronounced per incuriam; that the notice of motion sent to the agent, upon which it followed, was a notice of a motion to circumduce the term of proof; and that until the terms of the interlocutor were read by the clerk, his impression was that no other order had been taken. The defender refused to give his consent to the proof being received, and, the Lord Ordinary holding that he had no power to do otherwise, refused a motion for the pursuer, asking leave to lodge the proof within a week.