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Expenses – Motion for interim interdict. Sheriff Court: Allowing an appeal against a sheriff's refusal of the appellants' motion for the expenses of hearings of the respondent's motion seeking interim interdict to prevent them executing diligence on a summary warrant, the sheriff having refused the motion because at the point that it was made the initial writ had been withdrawn and there was no process, the court held that the sheriff wrongly allowed the respondent to withdraw his initial writ without seeking leave, and the appellants should be able to recover their expenses.
Expenses – Motion for interim interdict. Sheriff Court: Allowing an appeal against a sheriff's refusal of the appellants' motion for the expenses of hearings of the respondent's motion seeking interim interdict to prevent them executing diligence on a summary warrant, the sheriff having refused the motion because at the point that it was made the initial writ had been withdrawn and there was no process, the court held that the sheriff wrongly allowed the respondent to withdraw his initial writ without seeking leave, and the appellants should be able to recover their expenses.
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