The Journal of Jurisprudence, 3. köideT.T. Clark, 1859 |
From inside the book
Results 1-5 of 100
Page 14
... decision by the inferior courts , in matters of small importance , is to be regarded as one of the first objects of a system of law . The saving in time and cost is taken to be a sufficient com- pensation for the chance blunders into ...
... decision by the inferior courts , in matters of small importance , is to be regarded as one of the first objects of a system of law . The saving in time and cost is taken to be a sufficient com- pensation for the chance blunders into ...
Page 18
... decision by the Quarter Sessions on appeal , defined the exceptions to the rule of statutory finality to be three : " ( 1. ) If the justices have acted corruptly ; ( 2. ) if they have exceeded their powers ; and , lastly , if they have ...
... decision by the Quarter Sessions on appeal , defined the exceptions to the rule of statutory finality to be three : " ( 1. ) If the justices have acted corruptly ; ( 2. ) if they have exceeded their powers ; and , lastly , if they have ...
Page 19
... decision is committed to the inferior court . This principle was adopted by a majority of one on a full bench of the ... decisions , nor very easily applicable to future practice . Where the exemption from review for " want of form ...
... decision is committed to the inferior court . This principle was adopted by a majority of one on a full bench of the ... decisions , nor very easily applicable to future practice . Where the exemption from review for " want of form ...
Page 34
... decision of twelve ignorant men , instead of the deter- mination of a practised lawyer , accustomed to hold the balance be- tween right and wrong , truth and error , some modification should have been made in the system , such as was ...
... decision of twelve ignorant men , instead of the deter- mination of a practised lawyer , accustomed to hold the balance be- tween right and wrong , truth and error , some modification should have been made in the system , such as was ...
Page 35
... decision is too manifest . The plaintiff was obvi- ously either entitled to substantial damages , or to nothing at all . The Chief Justice refused to receive their verdict : they returned , after a space , with the same finding . Again ...
... decision is too manifest . The plaintiff was obvi- ously either entitled to substantial damages , or to nothing at all . The Chief Justice refused to receive their verdict : they returned , after a space , with the same finding . Again ...
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Common terms and phrases
Act of Parliament action agent alleged allowed amount appear apply appointed Ardmillan authority bank bill charge circumstances claim clause Clippens common law consent contract conveyance Court of Session creditors damages death debt decision declared decree deed defender directors domicile Dr Cochrane duty Edinburgh effect England entitled evidence executor expenses fact favour Fees fraud Glasgow Grand Junction Canal granted ground heir held heritable House of Lords III.-NO issue judge judgment jurisdiction jury justice lands law of Scotland legitim liable Lord Advocate Lord Ordinary marriage matter ment Meter monomania moveable objection opinion paid Parliament parties payment person plaintiff pleaded possession present principle proceedings provision purchase purpose pursuer question railway reference regard residence respect rule Scotch shareholders shares Sheriff Sheriff Court statute teinds testator theft tion trial trustees verdict vested Vict whole