The Scottish Law Review and Reports of Cases in the Sheriff Courts of Scotland, 9. köideW. Hodge & Company, 1893 |
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Page 3
... evidence , and appeals upon law or facts as we know them before judge and jury or judge sitting alone . Everything has been done to remove all but defects inherent in the method of private arbitration itself ; and accordingly ...
... evidence , and appeals upon law or facts as we know them before judge and jury or judge sitting alone . Everything has been done to remove all but defects inherent in the method of private arbitration itself ; and accordingly ...
Page 73
... evidence unless as to matters upon which some point of law is specially raised , and the request made that he shall take a note . Then he is bound by law to do so ; otherwise , he has been upheld in his refusal by a Divisional Court ...
... evidence unless as to matters upon which some point of law is specially raised , and the request made that he shall take a note . Then he is bound by law to do so ; otherwise , he has been upheld in his refusal by a Divisional Court ...
Page 83
... evidence of the fact on which depends his right to use the bill and exact the debt , it is impossible to " sanction ... evidence to connect the bank with the chargers , and there thus being a break in the chain of evidence , that the ...
... evidence of the fact on which depends his right to use the bill and exact the debt , it is impossible to " sanction ... evidence to connect the bank with the chargers , and there thus being a break in the chain of evidence , that the ...
Page 116
... evidence upon a closed record . Every allowance of proof should be understood to be before answer , both as to relevancy of averment and competency of evidence , leaving not merely questions of admissibility of evidence but also ...
... evidence upon a closed record . Every allowance of proof should be understood to be before answer , both as to relevancy of averment and competency of evidence , leaving not merely questions of admissibility of evidence but also ...
Page 118
... evidence is preserved , and appeal in the cause to causes which are tried in a formal manner . To allow of an appeal on the law where there is no record of the evidence , the judge should be required in any appealable cause , on the ...
... evidence is preserved , and appeal in the cause to causes which are tried in a formal manner . To allow of an appeal on the law where there is no record of the evidence , the judge should be required in any appealable cause , on the ...
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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.