Reports of Cases Decided in the Court of Session, Teind Court, Court of Exchequer, Court of Justiciary and in the House of Lords, from 11th November 1851 to 20th July 1852, Том 1Bell & Bradfute, 1852 |
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Сторінка 34
... debt had been guaranteed by A. , ( who was in the knowledge of B.'s claim at the time of granting the mandate :) Held that an action of repetition was not sustainable without proving that he had never granted the guarantee . This was an ...
... debt had been guaranteed by A. , ( who was in the knowledge of B.'s claim at the time of granting the mandate :) Held that an action of repetition was not sustainable without proving that he had never granted the guarantee . This was an ...
Сторінка 41
... debt - are , to my mind , conclusive of the fact that the debt was extinguished . I cannot resist such an accumulation of evidence , and am not at all moved by the remark that the £ 17 worth of barley given back to the defender , is not ...
... debt - are , to my mind , conclusive of the fact that the debt was extinguished . I cannot resist such an accumulation of evidence , and am not at all moved by the remark that the £ 17 worth of barley given back to the defender , is not ...
Сторінка 65
... debt . In support of this defence he pleaded the triennial prescription . The pursuers acknowledged they had made no application to the defender for payment till after the re- fusal of Nairn's executors to pay , but they denied that the ...
... debt . In support of this defence he pleaded the triennial prescription . The pursuers acknowledged they had made no application to the defender for payment till after the re- fusal of Nairn's executors to pay , but they denied that the ...
Сторінка 66
... debt pursued for is not resting - owing by the deponent . - All which he depones to be truth , & c . " The Sheriff ... debt . Pattison was for the respondent . LORD JUSTICE - CLERK . We cannot , under this reclaiming note , look at the ...
... debt pursued for is not resting - owing by the deponent . - All which he depones to be truth , & c . " The Sheriff ... debt . Pattison was for the respondent . LORD JUSTICE - CLERK . We cannot , under this reclaiming note , look at the ...
Сторінка 67
... debt . LORD MEDWYN concurred . It is incompetent for us to go back on the finding of the Sheriff - substitute , that " no writ of the defenders , sufficient to establish the debt , has been produced or offered by the pursuers . " The ...
... debt . LORD MEDWYN concurred . It is incompetent for us to go back on the finding of the Sheriff - substitute , that " no writ of the defenders , sufficient to establish the debt , has been produced or offered by the pursuers . " The ...
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Загальні терміни та фрази
Act of Parliament Act of Sederunt action Advocate alleged appeared appellant apply appointed averred Bank bill bond Campbell charge claim clause Colonsay competent concurred contract Court of Session creditors damages debt decern declared decree deed defender defender's Dundee Edinburgh entitled evidence executed expenses favour Glasgow granted ground held heritable House of Lords Inglis interdict interlocutor issue James John Judges judgment June June 18 jury lands lease liable libel lodged Lord Advocate LORD COCKBURN LORD CUNINGHAME LORD FULLERTON LORD IVORY LORD JUSTICE-CLERK Lord Ordinary LORD PRESIDENT Lordships MEDWYN ment objection obligation opinion paid parish parochial board parties payment person petition petitioner plea pleaded present proceedings pronounced pursuer question Railway Company reclaiming note reference refused remit rent respect respondents Scotland SECOND DIVISION sequestration shares Sheriff shew Solicitor-General statute summons suspension tailzie testator tion trustees Vict whole
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Сторінка 417 - The said Deed of Transfer (when duly executed) shall be delivered to the Secretary, and be kept by him ; and the Secretary shall enter a Memorial thereof in a Book, to be called the "Register of Transfers...
Сторінка 132 - ... tender, utter, or put off any false or counterfeit coin resembling or apparently intended to resemble or pass for any of the Queen's current gold or silver coin, knowing the same to be false or counterfeit, shall, in England and Ireland, be guilty of a misdemeanor...
Сторінка 542 - That any Summons or Notice, or any Writ or other Proceeding at Law or in...
Сторінка 656 - ... so important for the Court, in construing modern statutes, to act upon the principle of giving full effect to their language, and of declining to mould that language in order to meet either an alleged convenience or an alleged equity, upon doubtful evidence of intention, that nothing will induce me to withdraw a case from the operation of a section which is within its words, but clear and unambiguous evidence that so to do is to fulfil the general intent of the statute ; and also that to adhere...
Сторінка 672 - ... if any of the said aged and impotent persons, not being so diseased, lame, or impotent but that they may work in some manner of work...
Сторінка 685 - Session, upon the Ground of the undue Admission of Evidence, if in the Opinion of the Court the Exclusion of such Evidence could not have led to a different Verdict than that actually pronounced ; and it shall not be imperative on the Court to sustain a Bill of Exceptions, on the Ground of the undue Rejection of documentary Evidence, when it shall appear from the Documents themselves that they ought not to have affected the Result at which the Jury by their Verdict have arrived.
Сторінка 360 - I have rarely come upon any principle that seems less reconcilable to legal reason. I can conceive some reasonings for exempting the employer from liability altogether, but not one for exempting him only when those who act for him injure one of themselves. It rather seems to me that these are the very persons who have the strongest claim upon him for reparation, because they incur danger on his account, and *certainly are not understood, by our law, to come under [215 any engagement to take these...
Сторінка 423 - Where he is employed to buy or sell goods, he is not intrusted with the custody or possession of them, and is not authorized to buy or sell them in his own name. He is strictly, therefore, a middle man, or intermediate negotiator between the parties.
Сторінка 654 - An Act for the Amendment and better Administration of the Laws relating to the Poor in England and Wales...
Сторінка 753 - Court may make such order as the justice of the case may require, which order shall be final. Under this statute, it is insisted that the Court had no power to alter the first issue. Several decisions on this legislative provision were cited at the bar, but they do not apply to the case before the house, and it was at last admitted by the counsel for the appellant, that the point had never been decided.