The Scottish Jurist: Containing Reports of Cases Decided in the House of Lords, Courts of Session, Teinds, and Exchequer, and the Jury and Justiciary Courts, 26. köideMichael Anderson |
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Page 65
... record . 2. That the usage proposed to be proved was not sufficient in law to ex- plain or control the terms of a mercantile contract , or to prove that " free on board , " as used by the de- fenders , means in their dealings , " good ...
... record . 2. That the usage proposed to be proved was not sufficient in law to ex- plain or control the terms of a mercantile contract , or to prove that " free on board , " as used by the de- fenders , means in their dealings , " good ...
Page 73
... Record— Relevancy - Where a party avers malice and want of probable cause , and offers to prove both as a part of ... records . " The defenders made an argument which would have been very conclusive if the condescendence contained the ...
... Record— Relevancy - Where a party avers malice and want of probable cause , and offers to prove both as a part of ... records . " The defenders made an argument which would have been very conclusive if the condescendence contained the ...
Page 88
... record , viz . , Sir James Campbell , James Graham Adam , Wil- liam Wallace , William Campbell , Henry Dunlop , William Junter , William Johnston , Andrew Duncan , Mathew Dick , John Bain , John Kerr , Archibald Seton Stuart , Robert ...
... record , viz . , Sir James Campbell , James Graham Adam , Wil- liam Wallace , William Campbell , Henry Dunlop , William Junter , William Johnston , Andrew Duncan , Mathew Dick , John Bain , John Kerr , Archibald Seton Stuart , Robert ...
Page 89
... record . In the first article of his condescendence he has a general allegation , that he was invited by the defender , William Hunter , or by one or more of the defenders , with the sanction of the defenders , or by their said law ...
... record . In the first article of his condescendence he has a general allegation , that he was invited by the defender , William Hunter , or by one or more of the defenders , with the sanction of the defenders , or by their said law ...
Page 90
... record is such as we should allow to go to a jury . In the first article of the condescendence , as given in the revised condescendence , which is not substantially different from the original statement , and is certainly not an improve ...
... record is such as we should allow to go to a jury . In the first article of the condescendence , as given in the revised condescendence , which is not substantially different from the original statement , and is certainly not an improve ...
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Common terms and phrases
Act of Parliament action alleged appears apply averred bank bill bill of lading Caledonian Railway circumstances claim clause Clyde complainer concur contract Court of Session creditors damages death debt deceased decerns declarator decree deed defenders discharge disentail document doubt Duke of Montrose Earl of Glencairn Edinburgh effect entitled evidence executors expenses fact favour funds Garvald Glasgow granted ground harbour heir of entail heirs whatsoever held heritable House of Lords interest interlocutor issue James John John Swan judgment jury lands lease liable lodged Lord Ordinary Lordships marriage matter ment minerals Montrose objection obligation opinion paid parish Parliament parties payment petitioner piers plea present proceeded pronounced the following proprietor provisions pursuer question railway reclaimed reference rent respondents scrip notes sequestration Sheriff shew statute suspension tailzie tenant tion trustees whole William William Black
Popular passages
Page 202 - Defenders as a miner in said pit, was killed by an explosion of firedamp through the fault of the Defenders, to the loss, injury, and damage of the Pursuer...
Page 197 - That any Summons or Notice, or any Writ or other Proceeding at Law or in...
Page 24 - The general rule is that a party who has an interest in the subject-matter of the suit cannot file a 'bill of interpleader,
Page 210 - ... if any person shall, after the passing of this act, by night, unlawfully take or destroy any game or rabbits in any land, whether open or inclosed, or shall by night unlawfully enter or be in any land, whelher open or inclosed, with any gun, net, engine, or other instrument, for the purpose of taking or destroying game...
Page 244 - Half of such Assessment shall be imposed upon the Owners, and the other Half upon the Tenants or Occupants of all Lands and Heritages within the Parish or Combination rateably according to the annual Value of such Lands and Heritages...
Page 32 - Finds the pursuer liable in expenses ; allows an account thereof to be given in, and remits the same when lodged to the Auditor to tax and report.
Page 254 - ... of such mines or minerals, and at his own expense ; and if such repair or removal be not forthwith done, or if the company shall so...
Page 254 - If, before the expiration of such thirty days, the company do not state their willingness to treat with such owner, lessee, or occupier for the payment of such compensation, it shall be lawful for him to work the said mines...
Page 254 - ... to cause such mines to be inspected by any person appointed by them for the purpose ; and if it appear to the company that the working of such mines or minerals is likely to damage the works of the railway...
Page 177 - A., within a tolbooth or other warding place, therein to remain until he fulfil the said charge, and, if necessary for that purpose, to open shut and lockfast places ; and to grant warrant also to the magistrates and keepers of prisons to receive and detain therein the said A.