Reports of Cases Heard and Decided in the House of Lords on Appeals and Writs of Error: During the Sessions 1831[-1846], 6. köideJ. & W. T. Clarke, 1842 |
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Common terms and phrases
abeyance Act of Parliament admitted agent agreement alleged answer appears Appellant argument attainder Attwood barony bill Braye Brougham CAMOYS Peerage Chambers charge circumstances claimant coheirs contract Corngreaves costs counsel Court of Equity Court of Session creditors Crown daughter decision decree deed defendant deputation descended dignity Dillon directed doubt Dudley Wood EARL OF CLAIM Earl of Waterford Edward entitled evidence executed fact favour fraud give ground heir Henry House of Lords interest interlocutor Ireland issue James Judges judgment jury KINNOULL lands learned friend Lewknor Lord Brougham Lord Camoys Lord Chancellor Lordships ment noble and learned opinion P. T. paper Parliament parties patron pedigree person petition plaintiff Presbytery of AUCHTERAR present proceedings proved purchase pursuer question referred representation respect Respondent Robarts Scotland SMALL Lord statement statute STEWART Taylor tion trial trustees verdict Waterford witness writ
Popular passages
Page 847 - Saving always to the king's most excellent Majesty, his heirs and successors, and to all and every other person and persons, bodies politic and corporate...
Page 669 - Protestants) and the elders are to name and propose the person to the whole congregation, to be either approven or disapproven by them, and if they disapprove, that the disapproves give in their reasons to the effect the affair may be cognosced upon by the presbytery of the bounds, at whose judgment and by whose determination the calling and entry of a particular minister is to be ordered and concluded...
Page 654 - Find, that the said Presbytery in so doing have acted to the hurt and prejudice of the said pursuers, illegally, and in violation of their duty, and contrary to the provisions of certain statutes libelled on, and, in particular, contrary to the provisions of the statute of 10 Anne, c.
Page 758 - It is ordered and adjudged, by the Lords spiritual and temporal in Parliament assembled, That the said petition and appeal be and the same is hereby dismissed this House, and that the said several interlocutors therein complained of be and the same are hereby affirmed.
Page 688 - ... and restored to patrons the right of presentation, and enacted that presbyteries should be ' obliged to receive and admit in the same manner, such qualified person or persons, minister or ministers, as shall be presented by the respective patrons, as the persons or ministers presented before the making of this act ought to have been admitted.
Page 629 - ... with the carrier, and the carrier agreed to take" the goods from him, and to deliver them to any particular person " at any particular place, the special contract supersedes the necessity of showing the ownership in the goods ; and that, by the authority of Davis v.
Page 684 - ... to appeal to the superintendent and ministers of that province where the benefice lies, and desire the person presented to be admitted, which if they refuse, to appeal to the General Assembly of. the whole realm, by whom the cause being decided shall take end, as they decern and declare.
Page 668 - Parliament, do statute and declare, that in case of the vacancy of any particular church, and for supplying the same with a minister, the heritors of the said parish (being Protestants), and the elders, are to name and propose the person to the whole congregation, to be either approven or disapproven by them...
Page 970 - But if parties will, with full knowledge of them, act upon them, though it turns out that one gains a great advantage, if the agreement was fair and reasonable at the time, it shall be binding. There was a case before the Lord Chancellor, who spoke to me upon it, in which it was held that the court will enforce such an agreement, though it turns out that the parties were mistaken in point of law, even supposing counsel's opinion was icrong.