The Scottish Law Review and Reports of Cases in the Sheriff Courts of Scotland, 9. köideW. Hodge & Company, 1893 |
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Page 14
... defender , dated 20th April , 1883 , which was unrecorded . Notwithstanding said disposition , the defender remained in personal occupancy of part of the subjects without paying any rent . The said Thomas Purdom died in 1886. The ...
... defender , dated 20th April , 1883 , which was unrecorded . Notwithstanding said disposition , the defender remained in personal occupancy of part of the subjects without paying any rent . The said Thomas Purdom died in 1886. The ...
Page 15
... defender liable to the pursuer in expenses , & c . , and decerns . PETER SPEIRS . The defender appealed to the Sheriff ( BOYLE HOPE ) , and after some procedure , during which the record was opened and the case remitted to the Sheriff ...
... defender liable to the pursuer in expenses , & c . , and decerns . PETER SPEIRS . The defender appealed to the Sheriff ( BOYLE HOPE ) , and after some procedure , during which the record was opened and the case remitted to the Sheriff ...
Page 21
... defender to them under a decree by the Sheriff of Perthshire dated 1st December , 1891 , and 31st May , 1892 , and upon which the defender was charged on 27th July , 1892. A caveat had been lodged by the defender against the application ...
... defender to them under a decree by the Sheriff of Perthshire dated 1st December , 1891 , and 31st May , 1892 , and upon which the defender was charged on 27th July , 1892. A caveat had been lodged by the defender against the application ...
Page 22
... defender - Mr . R. HUNTER ( for Mr. J. B. M'CASH ) , Perth . DAVID SOMERVILLE , Pursuer ; PETER D. MALLOCH , Defender . Partnership or joint adventure . — Circumstances in which an alleged verbal contract of partnership or joint ...
... defender - Mr . R. HUNTER ( for Mr. J. B. M'CASH ) , Perth . DAVID SOMERVILLE , Pursuer ; PETER D. MALLOCH , Defender . Partnership or joint adventure . — Circumstances in which an alleged verbal contract of partnership or joint ...
Page 23
... defender , and in order to enable the pursuer to state specifically the grounds on which the partnership is alleged , he now asks for production or exhibition of certain books which he avers were kept in carrying on the partnership ...
... defender , and in order to enable the pursuer to state specifically the grounds on which the partnership is alleged , he now asks for production or exhibition of certain books which he avers were kept in carrying on the partnership ...
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Common terms and phrases
action Airdrie Airdrie Academy aliment alleged appeal apply appointed arbitrators authority Banffshire bankrupt Bill burgh burghs of barony cause cessio circumstances claim clause clerk commissioners Committee contract Council Court of Session creditors damages debt debtor decerns decision decree defender defender's doubt Edinburgh effect election English entitled evidence examination expenses fact favour finds Glasgow granted ground Hawick heard parties held House interest James John judges judgment judicial jury LANARKSHIRE law agents lawyers lease liable Lord Advocate Lords Ordinary magistrates Martinmas matter ment Messrs object opinion ordinary Outer House Parliament passed payment person Perth PERTHSHIRE petition police burghs practice present profession proof pursuer question railway reference regard rent Scotch Scotland Scots Law Scottish sequestration Sheriff Court Sheriff GRAHAME Sheriff-Substitute Society solicitor Somerville statute summary diligence tenant tion trial trustee
Popular passages
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.