HC Deb 22 March 1894 vol 22 c857

I beg to ask the Lord Advocate if his attention has been called to the ease of Neil MacDougall, of Saddell, who obtained a decree against his landlord through the Court of Session for the destruction of his house in 1889, but without an order for costs against the defendant; and whether, under these circumstances, the landlord is entitled to detain the amount (£40 1s. ld) on account of costs incurred in his defence, or whether he is bound to pay the money decreed to the plaintiff by the Court, and pay his own costs out of his own pocket?

* THE LORD ADVOCATE (Mr. J.B. BALFOUR,) Clackmannan, &c.

I have no knowledge of this case, but from the statements in the question it appears to involve a dispute between two private individuals in regard to a money claim, a matter with which I have no power to interfere.


Is not the unsuccessful party to an action bound to carry out the order of the Court?


was understood to reply in the affirmative.