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
... payment of the dividend due to him on Moodie's estate , towards payment of the debt under the guarantee , threa- tening legal proceedings if he refused to comply ; and he alleged , that , in these circumstances , and with the view of ...
... payment of the dividend due to him on Moodie's estate , towards payment of the debt under the guarantee , threa- tening legal proceedings if he refused to comply ; and he alleged , that , in these circumstances , and with the view of ...
Сторінка 35
... pay under any error . T. M.Kenzie ( with him Neaves . ) The pursuer admits the defenders made the demand for payment of the dividend under an alleged guarantee , and that he gave the mandate knowing of this demand . The mandate is an ...
... pay under any error . T. M.Kenzie ( with him Neaves . ) The pursuer admits the defenders made the demand for payment of the dividend under an alleged guarantee , and that he gave the mandate knowing of this demand . The mandate is an ...
Сторінка 40
... payment , under deduc- tion of £ 17 , as having been paid to account . He thereafter pro- ceeded with poinding for the balance , which gave rise to a sum- mary application by Callon to the Sheriff for interdict against Shank's diligence ...
... payment , under deduc- tion of £ 17 , as having been paid to account . He thereafter pro- ceeded with poinding for the balance , which gave rise to a sum- mary application by Callon to the Sheriff for interdict against Shank's diligence ...
Сторінка 41
... payment of the composition effeiring to the bill on which he charged . I do not feel warranted in holding that there is such evidence , but I would at same time reserve right to the parties to challenge this transaction as an illegal ...
... payment of the composition effeiring to the bill on which he charged . I do not feel warranted in holding that there is such evidence , but I would at same time reserve right to the parties to challenge this transaction as an illegal ...
Сторінка 42
... payment of another £ 28 , 17s . 2d . Subsequently in looking over the receipts , Smart & Company observed and checked what they believed to be the error of the twice payment , and having failed to obtain repayment from the defender ...
... payment of another £ 28 , 17s . 2d . Subsequently in looking over the receipts , Smart & Company observed and checked what they believed to be the error of the twice payment , and having failed to obtain repayment from the defender ...
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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
Популярні уривки
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.