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 |
From inside the book
Results 1-5 of 100
Page 5
... clear , as she also intended to name executors . She did appoint the latter , but did not name residuary legatees . But this does not destroy the proper legal effect of that settlement of her personal property completed by the ...
... clear , as she also intended to name executors . She did appoint the latter , but did not name residuary legatees . But this does not destroy the proper legal effect of that settlement of her personal property completed by the ...
Page 6
... clear , and not subject , so far as I am aware , to any exception . It is this ; that questions relating to wills should be decided by looking to the whole contents of the documents , with a view to discover what is fairly to be ...
... clear , and not subject , so far as I am aware , to any exception . It is this ; that questions relating to wills should be decided by looking to the whole contents of the documents , with a view to discover what is fairly to be ...
Page 15
... clear that the law of Scotland in that respect agrees with the law of England . If there be a piece of ground uninclosed ( not that I mean to say inclosure would make any difference , unless there was an exercise of adverse right ) ...
... clear that the law of Scotland in that respect agrees with the law of England . If there be a piece of ground uninclosed ( not that I mean to say inclosure would make any difference , unless there was an exercise of adverse right ) ...
Page 23
... clear ; but the decision establishing their right to abandon and recover as for a total loss appears to be somewhat in advance of prior determinations . The authority nearest in point of circumstances , and referred to by my Lord ...
... clear ; but the decision establishing their right to abandon and recover as for a total loss appears to be somewhat in advance of prior determinations . The authority nearest in point of circumstances , and referred to by my Lord ...
Page 42
... clear distinction between them . In Scotland there is no technical division of law and equity . The whole question ... clearly good at law was not made void by an enactment that its effect should be to deprive one of the contracting ...
... clear distinction between them . In Scotland there is no technical division of law and equity . The whole question ... clearly good at law was not made void by an enactment that its effect should be to deprive one of the contracting ...
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Common terms and phrases
Act of Parliament action agent alleged appears appellant applied authority bill bound broker charge circumstances claim clause Clutton codicil compensation contract Court of Session Crown damage debt decision declaration decree deed defenders domicile doubt Dundee East Looe entitled evidence 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 ELDON LORD ORDINARY Lordships Macq matter noble and learned opinion Orr and Barber owner paid parties Patrick payment persons plaintiff plea principle proceedings purchase purpose pursuers question Railway Company Ramsden referred rent respect respondents salmon-fishings shares SHEDDEN Sir John statute suppose tenant testator thereof trustees Union Bank 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...