The Scottish Law Review and Reports of Cases in the Sheriff Courts of Scotland, 9. köideW. Hodge & Company, 1893 |
From inside the book
Results 1-5 of 71
Page 33
... proof of means should not , as at present , depend on the creditor , but the proof of inability on the debtor . The difficulty in the former method leads the judge to accept evidence which would be rejected in other cases . COCKIELEERIE ...
... proof of means should not , as at present , depend on the creditor , but the proof of inability on the debtor . The difficulty in the former method leads the judge to accept evidence which would be rejected in other cases . COCKIELEERIE ...
Page 80
... proof of their authenticity is required . " Wherever there is need of other evidence to support the bill , " said Lord Balgray , " summary diligence cannot apply " ( Munro , 1820 , Hume , 81 ) . An acceptance or endorsation by ...
... proof of their authenticity is required . " Wherever there is need of other evidence to support the bill , " said Lord Balgray , " summary diligence cannot apply " ( Munro , 1820 , Hume , 81 ) . An acceptance or endorsation by ...
Page 82
... proof of holograph is necessary , and the writ is not ex facie complete . IV . Title . — A bill can be protested only at the instance of the true creditor at the time , and his title must be ex facie clear . Wherever the bill and ...
... proof of holograph is necessary , and the writ is not ex facie complete . IV . Title . — A bill can be protested only at the instance of the true creditor at the time , and his title must be ex facie clear . Wherever the bill and ...
Page 94
... proof sheets of a large portion of Mr. Muirhead's notes having been submitted to a committee of the Association of Burgh Officials in Scotland engaged in consider- ing the Act while the book was in the press . We think his treatise will ...
... proof sheets of a large portion of Mr. Muirhead's notes having been submitted to a committee of the Association of Burgh Officials in Scotland engaged in consider- ing the Act while the book was in the press . We think his treatise will ...
Page 108
... proof of diligence to their satisfaction . Candidates who have passed the present apprentices ' examination are exempted from the first examination . In the second examination in general knowledge , candidates are allowed a choice of ...
... proof of diligence to their satisfaction . Candidates who have passed the present apprentices ' examination are exempted from the first examination . In the second examination in general knowledge , candidates are allowed a choice of ...
Other editions - View all
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.