The Scottish Law Review and Reports of Cases in the Sheriff Courts of Scotland, 9. köide
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action Advocate agent allowed amount appeal apply appointed authority Bill burgh called carried cause charge circumstances claim clause Committee consideration considered contract Council course Court damages deal debt decision defender doubt Edinburgh effect election English entitled evidence examination existing expenses fact finds further give given Glasgow granted ground hand held hold House important interest James John judges judgment lawyers lease liable Lord magistrates March matter means meeting necessary object opinion ordinary parties passed person petition Police position practice present profession proof proposed proved pursuer question reason reference regard rent respect rule Scotland Scottish seems Session Sheriff Sheriff Court Sheriff-Substitute Society sufficient taken tenant trustee whole
Page 291 - In fact, to allow this sort of action to prevail, would be an encouragement to the servant to omit that diligence and caution which he is in duty bound to exercise on the behalf of his master, to protect him against the misconduct or negligence of others who serve him...
Page 62 - A sale of personal chattels implies an affirmation by the vendor that the chattel is his, and therefore he warrants the title, unless it be shown by the facts and circumstances of the sale that the vendor did not intend to assert oionership, but only to transfer such interest as he might have in the chattel sold.
Page 188 - In any action or proceeding upon a bill, the court or a judge may order that the loss of the instrument shall not be set up, provided an indemnity be given to the satisfaction of the court or judge against the claims of any other person upon the instrument in question.
Page 81 - Issue" means the first delivery of the instrument, complete in form to a person who takes it as a holder. "Person" includes a body of persons, whether incorporated or not. "Value" means valuable consideration. "Written" includes printed, and "writing
Page 74 - That any Summons or Notice, or any Writ or other Proceeding at Law or in...
Page 181 - In all cases of intestate moveable succession in Scotland accruing after the passing of this Act, where any person who, had he survived the intestate, would have been among his next-of-kin, shall have predeceased such intestate...
Page 291 - ... the workman, or in case the injury results in death, the legal personal representatives of the workman , and any persons entitled in case of death , shall have the same right of compensation and remedies against the employer as if the workman had not been a workman of nor in the service of the employer, nor engagedn hisi work.
Page 291 - ... behalf of his master, to protect him against the misconduct or negligence of others who serve him, and which diligence and caution, while they protect the master, are a much better security against any injury the servant may sustain by the negligence of others engaged under the same master, than any recourse against his master for damages could possibly afford.
Page 212 - In Scotland, failure by the seller to perform any material part of a contract of sale is a breach of contract, which entitles the buyer either within a reasonable time after delivery to reject the goods and treat the contract as repudiated (u), or to retain the goods and treat the failure to perform such material part as a breach which may give rise to a claim for compensation or damages.
Page 155 - Secondly, one of such persons, while the locomotive is in motion, shall precede by at least twenty yards the locomotive on foot, and shall in case of need assist horses, and carriages drawn by horses, passing the same.