The Journal of Jurisprudence, 7. köideT.T. Clark, 1863 |
From inside the book
Results 1-5 of 91
Page 13
... pleading in place of the more popular system exemplified by the form of a Court of Session Record . The amendments we pro- pose do not involve any radical alteration of the existing procedure ; 1 Taylor's Medical Jurisprudence , sixth ...
... pleading in place of the more popular system exemplified by the form of a Court of Session Record . The amendments we pro- pose do not involve any radical alteration of the existing procedure ; 1 Taylor's Medical Jurisprudence , sixth ...
Page 14
... pleading . The right asserted , the facts upon which that right depends , and the law applicable to these facts , are violently separated in our records ; and the great pro- blem of pleading seems to be , to separate them in such a way ...
... pleading . The right asserted , the facts upon which that right depends , and the law applicable to these facts , are violently separated in our records ; and the great pro- blem of pleading seems to be , to separate them in such a way ...
Page 17
... pleadings . If parties did not renounce probation , we would have the Court there and then to determine under which of ... pleading . In the latter sense it is a bugbear , and an unmitigated evil to both parties . As a separate occasion ...
... pleadings . If parties did not renounce probation , we would have the Court there and then to determine under which of ... pleading . In the latter sense it is a bugbear , and an unmitigated evil to both parties . As a separate occasion ...
Page 18
... plead , in a certain prescribed form of words , that the pursuer had stated no issuable matter in his condescendence ; and the pursuer might , in like manner , plead that no issuable matter had been stated in defence . The discussion ...
... plead , in a certain prescribed form of words , that the pursuer had stated no issuable matter in his condescendence ; and the pursuer might , in like manner , plead that no issuable matter had been stated in defence . The discussion ...
Page 19
... pleaded in limine ; but the omission to plead it ought to be held equivalent to a waiver . Objections to the summons on the ground of deviation from the statutory form - e.g . , the omission of essential words - ought to be remediable ...
... pleaded in limine ; but the omission to plead it ought to be held equivalent to a waiver . Objections to the summons on the ground of deviation from the statutory form - e.g . , the omission of essential words - ought to be remediable ...
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.