The Journal of Jurisprudence, 18. köideT.T. Clark, 1874 |
From inside the book
Results 1-5 of 88
Page 2
... pursuer . These two very important exceptions to this rule must now be considered . Nominal Damages . - The 40th section of the Court of Session Act of 1868 provides that " where a pursuer in any action of damages in the Court of ...
... pursuer . These two very important exceptions to this rule must now be considered . Nominal Damages . - The 40th section of the Court of Session Act of 1868 provides that " where a pursuer in any action of damages in the Court of ...
Page 3
... pursuer may generally be considered successful if he obtains a verdict . A reference to one or two of the numerous decisions may show what are the circumstances in which judges will be dis- posed to grant the statutory certificate . In ...
... pursuer may generally be considered successful if he obtains a verdict . A reference to one or two of the numerous decisions may show what are the circumstances in which judges will be dis- posed to grant the statutory certificate . In ...
Page 4
... pursuer had averred , " but failed to prove that the defamation libelled on was the cause of his business falling off , it was held that the defender was not on that account entitled to any modification of the pursuer's expenses ...
... pursuer had averred , " but failed to prove that the defamation libelled on was the cause of his business falling off , it was held that the defender was not on that account entitled to any modification of the pursuer's expenses ...
Page 5
... pursuer in as good a position as he was before the injury to his character was committed , the tender will not entitle him to his expenses . If a pursuer has any good excuse for going on with the action , after the tender has been made ...
... pursuer in as good a position as he was before the injury to his character was committed , the tender will not entitle him to his expenses . If a pursuer has any good excuse for going on with the action , after the tender has been made ...
Page 6
... pursuer , with a farthing damages . The judges were unanimous in holding that this was not a sufficient tender , not being such a vindication of the pursuer's character as placed him in the same favourable position in point of character ...
... pursuer , with a farthing damages . The judges were unanimous in holding that this was not a sufficient tender , not being such a vindication of the pursuer's character as placed him in the same favourable position in point of character ...
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Common terms and phrases
Aberdeen accident action alleged appears apply appointed Ardmillan bill Board Carron Company cause charter-party circumstances claim clause Code common law competent contract conveyance Court of Session criminal damages death deceased decerns decision decree deed defender defr defts delivered deposit receipt doctrine donation mortis causa doubt duty Edinburgh effect entitled evidence expenses fact favour Finds gift give Glasgow held House House of Lords injury inter vivos interlocutor James Pollock judge judgment judicial jurisdiction jury Justice law of Scotland lawyers liable Lord Advocate Lord Ordinary M'Intosh Macph matter moveable offences opinion owner parish parole parties payment person petition petr plea present principle proof proved pursuer question railway companies reason reference respt rule Scotch servant Sheriff Court Sheriff-Substitute ship Statute Strathdon tion trade trade union transfer trial trustee voter wife witnesses
Popular passages
Page 179 - trade union " means any combination, whether temporary or permanent, for regulating the relations between workmen and masters, or between workmen and workmen, or between masters and masters, or for imposing restrictive conditions on the conduct of any trade or business...
Page 524 - ... assurance, undertaking, promise, or agreement, express or implied, to pay or give thereafter any money or valuable thing on any event or contingency of or relating to any horse race or other race, fight, game, sport, or exercise, or as or for the consideration for securing the paying or giving by some other person of any money or valuable thing on any such event or contingency as aforesaid...
Page 154 - ... when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Page 39 - An Act for the punishment of idle " and disorderly persons and rogues and vagabonds in that part of " Great Britain called England...
Page 155 - ... if the insured shall sustain bodily injuries, by means as aforesaid, which shall, independently of all other causes, immediately and wholly disable and prevent him from the prosecution of any and every kind of business pertaining to the occupation under which he is insured...
Page 191 - Judge and jury, lest on the one side there be a kind of inhumanity towards the defects of human nature; or, on the other side, too great an indulgence given to great crimes.
Page 412 - Beyond the scope of his employment the servant Is as much a stranger to his master as any third person. The master is only responsible so long as the servant can be said to be doing the act. In the doing of which he is guilty of negligence, in the course of his employment.
Page 276 - Charterer's liability to cease when the ship is loaded, the captain having a lien upon the cargo for freight, dead freight, and demurrage.
Page 135 - ... temporary or permanent, for regulating the relations between workmen and masters, or between workmen and workmen, or between masters and masters, or for imposing restrictive conditions on the conduct of any trade or business, whether such...
Page 135 - The purposes of any trade union shall not, by reason merely that they are in restraint of trade, be deemed to be unlawful so as to render any member of such trade union liable to criminal prosecution for conspiracy or otherwise.