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 5
... hold count and reckon- ing with them for payment of two - thirds of the above sum , with interest , on the ground that the deposit receipts had been com- mitted to his charge qua trustee by the testator . On the other hand , M'Geoch ...
... hold count and reckon- ing with them for payment of two - thirds of the above sum , with interest , on the ground that the deposit receipts had been com- mitted to his charge qua trustee by the testator . On the other hand , M'Geoch ...
Сторінка 60
... hold that the right of the Town Council in the matter is res judicata , by the decision of the Second Division in the case of 1829. I have seen no reason for arriving at any conclusion other than that the judgment of 1829 most precisely ...
... hold that the right of the Town Council in the matter is res judicata , by the decision of the Second Division in the case of 1829. I have seen no reason for arriving at any conclusion other than that the judgment of 1829 most precisely ...
Сторінка 69
... hold office , and act as Provost for three full years from the date of his election , that is , until 14th Novem- and Others . ber 1847 , or , at all events , that according to the practice and usage of the burgh he was entitled to ...
... hold office , and act as Provost for three full years from the date of his election , that is , until 14th Novem- and Others . ber 1847 , or , at all events , that according to the practice and usage of the burgh he was entitled to ...
Сторінка 117
... hold the adjudication compe- tent , and must be sustained as such , I am for repelling these pleas , which are proper objections to the diligence of adjudication proceeding . LORD MEDWYN took the same view . The parliamentary trustees ...
... hold the adjudication compe- tent , and must be sustained as such , I am for repelling these pleas , which are proper objections to the diligence of adjudication proceeding . LORD MEDWYN took the same view . The parliamentary trustees ...
Сторінка 165
... hold that there was any such incompetency in the step taken by him , in concurring in the application for the sequestra- tion of Hunter , as to demand the recal of the last sequestration , after it had been adopted by the general body ...
... hold that there was any such incompetency in the step taken by him , in concurring in the application for the sequestra- tion of Hunter , as to demand the recal of the last sequestration , after it had been adopted by the general body ...
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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.