The Journal of Jurisprudence, 7. köideT.T. Clark, 1863 |
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Results 1-5 of 100
Page 14
... issue of fact upon which the case in ques- tion depends . 1. Before a case is allowed to proceed to trial , and very often even when no trial of fact is desired by either party , a lengthened discussion ensues upon what is called the ...
... issue of fact upon which the case in ques- tion depends . 1. Before a case is allowed to proceed to trial , and very often even when no trial of fact is desired by either party , a lengthened discussion ensues upon what is called the ...
Page 15
... issue of some degree of relevancy is found to be extractible ; but sometimes it hap- pens that one branch of the pursuer's case is found to be so defective , or so wanting in the requisite degree of amplification , that an issue cannot ...
... issue of some degree of relevancy is found to be extractible ; but sometimes it hap- pens that one branch of the pursuer's case is found to be so defective , or so wanting in the requisite degree of amplification , that an issue cannot ...
Page 16
... issue being taken without discussion . 2. There is , we are persuaded , no feature in the existing forms of procedure more productive of delay and its attendant evils , than the uncertainty which prevails as to the time and manner of ...
... issue being taken without discussion . 2. There is , we are persuaded , no feature in the existing forms of procedure more productive of delay and its attendant evils , than the uncertainty which prevails as to the time and manner of ...
Page 17
... issue raised by the pleadings . If parties did not renounce probation , we would have the Court there and then to determine under which of the existing modes of inquiry the proof was to be taken . We do not say that improvements might ...
... issue raised by the pleadings . If parties did not renounce probation , we would have the Court there and then to determine under which of the existing modes of inquiry the proof was to be taken . We do not say that improvements might ...
Page 18
... issue or a proof limited to certain questions of fact would either be granted or refused . If it appeared from the discus- sion that the plea of no issuable matter might be obviated by an amendment within the scope of the action , such ...
... issue or a proof limited to certain questions of fact would either be granted or refused . If it appeared from the discus- sion that the plea of no issuable matter might be obviated by an amendment within the scope of the action , such ...
Contents
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Common terms and phrases
Act of Parliament action advocation aforesaid Amendment amount appeal apply appointed Ardmillan authority Averment Bill Board of Trade Cause Certificate charge claim clause Commissioners Company Consent contract counsel Court of Session criminal damages decision declared decree deed defender defender's Division duty Edinburgh English entitled evidence executed expenses fact favour Glasgow granted ground held Home Secretary House of Lords Inner House interest interlocutor issue judge judgment judicial jurisdiction jury jury trial justice lands liable lodged Lord Advocate Lord Ordinary Lordships marriage matter ment Notice object Offence opinion Outer House Owner parish Parliament parties payment Penalty person petition plaintiff plea pleading present proceedings proof provisions purpose pursuer question Railway reclaimed record reference refused respect Scotland shares Sheriff Court Sheriff-substitute Special Act statute Stock summons Teinds testator thereof tion trial trustees verdict Vict whole witness
Popular passages
Page 115 - ... to establish a defence on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong.
Page 181 - An Act for the further limitation of the crown, and better securing the rights and liberties of the subject...
Page 106 - Chapter Forty-three intituled An Act to facilitate the Performance of the Duties of Justices of the Peace out of Sessions within England and Wales with respect to Summary Convictions and Orders...
Page 38 - I, AB, do solemnly, sincerely and truly affirm and declare that the taking of any oath is, according to my religious belief, unlawful ; and I do also solemnly, sincerely and truly affirm and declare, &c.
Page 234 - It shall be lawful for any constable or peace officer in any county, borough, or place in Great Britain and Ireland, in any highway, street, or public place, to search any person whom he may have good cause to .suspect of coming from any land where he shall have been unlawfully in search or pursuit of game...
Page 34 - Provisions of this or the special Act, or any Act incorporated therewith, may be according to the Forms in the Schedules (A.) and (B.) respectively to this Act annexed, or as near thereto as the Circumstances of the Case will admit...
Page 23 - means the Act of the session of the eleventh and twelfth years of the reign of her present Majesty, chapter forty-three, intituled, " An Act to facilitate the performance of the duties of justices of the peace out of sessions within England and Wales with respect to summary convictions and orders," inclusive of any Acts amending the same.
Page 181 - I, AB, do swear that I will be faithful and bear true allegiance to Her Majesty Queen Victoria, Her heirs and successors according to law. So help me God!
Page 38 - If any person making such solemn affirmation or declaration shall wilfully, falsely, and corruptly affirm or declare any matter or thing, which, if the same had been sworn in the usual form, would have amounted to wilful and corrupt perjury...
Page 326 - ... the cause or matter may be, unless at the trial or hearing the Court or a Judge shall certify that the refusal to admit was reasonable ; and no costs of proving any document shall be allowed unless such notice be given, except where the omission to give the notice is, in the opinion of the taxing officer, a saving of expense 3.