The Revised Reports: Being a Republication of Such Cases in the English Courts of Common Law and Equity, from the Year 1785, as are Still of Practical Utility. 1785-1866, 149. köideFrederick Pollock, Robert Campbell, Oliver Augustus Saunders, Arthur Beresford Cane, Joseph Gerald Pease, William Bowstead Sweet & Maxwell, limited, 1917 |
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Page 49
... bill had been purchased . ) Precisely so . Orr and Barber did not ratify what was done by their clerk . Authorities are not necessary to show that payment of a forged draft or cheque is no payment . However , reference may be had to ...
... bill had been purchased . ) Precisely so . Orr and Barber did not ratify what was done by their clerk . Authorities are not necessary to show that payment of a forged draft or cheque is no payment . However , reference may be had to ...
Page 63
... bill of review as it is called - which has been permitted even after an affirmance of the decree by the House of Lords ( 1 ) . But the leave of the Court to file the bill must be obtained : Barbon v . Stearle ( 2 ) , Blake v . Foster ...
... bill of review as it is called - which has been permitted even after an affirmance of the decree by the House of Lords ( 1 ) . But the leave of the Court to file the bill must be obtained : Barbon v . Stearle ( 2 ) , Blake v . Foster ...
Page 64
... bill of review , on the ground of new matter , is well distinguished by Lord REDESDALE from the principle of a bill to obtain relief against a judgment had by fraud ( 1 ) . A decree enrolled is as binding as a judgment of this House ...
... bill of review , on the ground of new matter , is well distinguished by Lord REDESDALE from the principle of a bill to obtain relief against a judgment had by fraud ( 1 ) . A decree enrolled is as binding as a judgment of this House ...
Page 108
... bill of exceptions . Hence the present appeal . Mr. Hodgson , for the appellants : If there be any evidence whatever , it ought to be left to the jury : Fraser v . Hill ( 1 ) . In that case the Lord Chancellor CRAN- WORTH laid it down ...
... bill of exceptions . Hence the present appeal . Mr. Hodgson , for the appellants : If there be any evidence whatever , it ought to be left to the jury : Fraser v . Hill ( 1 ) . In that case the Lord Chancellor CRAN- WORTH laid it down ...
Page 111
... bill of exceptions . The only remaining question is , whether we have such an excep- tion here as fairly to bring first under the consideration of the Court below , and now of your Lordships , the question whether the learned Judge was ...
... bill of exceptions . The only remaining question is , whether we have such an excep- tion here as fairly to bring first under the consideration of the Court below , and now of your Lordships , the question whether the learned Judge was ...
Contents
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841 | |
842 | |
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Common terms and phrases
Act of Parliament action alleged appears appellant applied authority bill bound broker charge circumstances claim clause Clutton codicil compensation contract Court of Session Crown damage debt decision declaration deed defenders doubt Dundee East Looe entitled evidence executed executors fact favour fishing Fitzroy Kelly fraud funds GLASGOW grant ground held hospital House injury interest interlocutor judgment jury justice Kilmarnock and Troon L. J. Ch land law of Scotland learned friend learned Judge lease liable Lord Advocate LORD BROUGHAM LORD CHANCELLOR Lord COTTENHAM Lord CRANWORTH LORD ORDINARY Lordships Macq matter necessary noble and learned Nuisance Removal opinion owner paid parish parties payment persons plaintiff plea possession premises principle proceedings purchase purpose pursuer question Railway Company Ramsden reason referred rent respect respondents rule salmon-fishings shares Sir John statute suppose taken tenant testator thereof trustees verdict Vict words
Popular passages
Page 104 - ... 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 - And it is a rule of universal application, that no one, having such duties to discharge, shall be allowed to enter into engagements in which he has, or can have, a personal interest conflicting, or which possibly may conflict, with the interests of those whom he is bound to protect.
Page 801 - The seat of judicial authority is, indeed, locally here, in the belligerent country, according to the known law and practice of nations, but the law itself has no locality. It is the duty of the person who sits here to determine this question exactly as he would determine the same question if sitting at Stockholm...
Page 194 - Heritages, the same shall be taken to be the Rent at which One Year with another such Lands and Heritages might in their actual State be reasonably expected to let from Year to Year...
Page 454 - Provided always, that in the Exercise of the Powers by this or the special Act granted, the Company shall do as little Damage as can be, and shall make full Satisfaction in manner herein and in the special Act, and any Act incorporated therewith, provided, to all Parties interested, for all Damage by them sustained by reason of the Exercise of such Powers.
Page 32 - So strictly is this principle adhered to, that no question is allowed to be raised as to the fairness or unfairness of a contract so entered into.
Page 267 - Besides, it appears to us that the argument rests upon an assumed principle of responsibility which does not exist. The master, in the case supposed, is not exempt from liability because the servant has better means of providing for his safety when he is employed in immediate connection with those from whose negligence he might suffer, but because the implied contract of the master does not extend to Indemnify the servant against the negligence of any one but himself...
Page 169 - ... provided that all such tolls be at all times charged equally to all persons, and after the same rate, whether per ton per mile or otherwise, in respect of all passengers, and of all goods or carriages of the same description, and conveyed or propelled by a like carriage or engine, passing only over the same portion of the line of railway under the same circumstances...
Page 264 - The general rule resulting from considerations as well of justice as of policy is that he who engages in the employment of another for the performance of specified duties and services, for compensation, takes upon himself the natural and ordinary risks and perils incident to the performance of such services, and, in legal presumption, the compensation is adjusted accordingly.
Page 572 - If a man, under a verbal agreement with a landlord for a certain interest in land, or, what amounts to the same thing, under an expectation, created or encouraged by the landlord, that he shall have a certain interest, takes possession of such land, with the consent of the landlord, and upon the faith of such promise or expectation...