The House of Lords Cases on Appeals and Writs of Error, Claims of Peerage, and Divorces: During the Sessions 1847 [-1866], Volume 1Little, Brown, 1868 - Law reports, digests, etc |
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Page 3
... Court there , and afterwards consented to the appointment , by the Court of Session in Scotland , of other persons as trustees and exe- tors , in place of those named in the will , with all the powers that had been thereby given to them ...
... Court there , and afterwards consented to the appointment , by the Court of Session in Scotland , of other persons as trustees and exe- tors , in place of those named in the will , with all the powers that had been thereby given to them ...
Page 12
... Court of Chancery on an award , made between parties , upon a submission to a reference which was made a rule of court , according to Act of Parliament ( 10 Will . 3 , c . 14 ) , no bill being filed , is not subject - matter of appeal ...
... Court of Chancery on an award , made between parties , upon a submission to a reference which was made a rule of court , according to Act of Parliament ( 10 Will . 3 , c . 14 ) , no bill being filed , is not subject - matter of appeal ...
Page 13
... Court of Appeal will not entertain an appeal for costs alone . Quare , whether when an appeal has been presented on the merits , the Court will entertain a cross appeal on the question of costs ? -Horne v . Pringle , 8 Cl . & F. 265 ...
... Court of Appeal will not entertain an appeal for costs alone . Quare , whether when an appeal has been presented on the merits , the Court will entertain a cross appeal on the question of costs ? -Horne v . Pringle , 8 Cl . & F. 265 ...
Page 16
... Court of Session ) , the pursuer's statement set forth two previous assaults , in which only some of the defenders were concerned . The Court admitted proofs of these assaults , and gave judgment for a sum , by way of damages , against ...
... Court of Session ) , the pursuer's statement set forth two previous assaults , in which only some of the defenders were concerned . The Court admitted proofs of these assaults , and gave judgment for a sum , by way of damages , against ...
Page 20
... Court of Session , that the law agent having chosen to de part from the usual practice of introducing the double manner of holding , and having neglected to procure confirmation , he was bound to make good the loss . Secus , if instead ...
... Court of Session , that the law agent having chosen to de part from the usual practice of introducing the double manner of holding , and having neglected to procure confirmation , he was bound to make good the loss . Secus , if instead ...
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Common terms and phrases
9 Cl 9 H. L. Cas Act of Parliament action advowson affirming afterwards agent agreement alleged annuity appeal appointed assigned bank bond Carron Company charge claim consent contract Corporation costs Court of Chancery Court of Equity Court of Session covenant creditors Crown death debts declared decree deed defendant directed divorce domicile Earl entitled evidence Exchequer executed executors filed a bill fraud fund granted heir Held House of Lords husband Insurance interest Ireland issue judge judgment jurisdiction jury lands legacies liable Lord Advocate Lord Chancellor Lord Eldon marriage Marriage Settlement matter ment mortgage paid pany Parliament parties partnership patent payment Peerage personal estate petition plaintiff Pleading Practice PRACTICE-continued purchase Quare Railway Company received renewal rent reversed Scotch Scotland Semble ship Specific Performance statute suit surety tenant tion Trust and Trustee Vict wife
Popular passages
Page 309 - A. was charged upon all the premises, and subject thereto, they were appointed to A. for life, remainder to B. for life, remainder to the use of his first and other sons in tail male...
Page 141 - People, of what Nation, Condition, or Quality soever, Barratry of the Master and Mariners, and of all other Perils, Losses, and Misfortunes, that have or shall come to the Hurt, Detriment, or Damage of the said Goods and Merchandises and Ship, &c., or any Part thereof...
Page 140 - ... to establish a defence on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong.
Page 10 - Defendant afterwards, under leave, reserved at the trial, moved for and obtained a rule to show cause why the verdict should not be set aside...
Page 350 - In one clause of the instrument in clear and decisive terms, such Interest or estate cannot be taken away or cut down by raising a doubt upon the extent and meaning and application of a subsequent clause, nor by inference therefrom, nor by any subsequent words that are not as clear and decisive as the words of the clause giving the Interest or estate.
Page 129 - IF any lands, not being situate in a town or built upon, shall be so cut through and divided by the works as to leave, either on both sides or on one side thereof, a less quantity of land than half a statute acre, and if the owner...
Page 9 - In no case shall any person be allowed a longer time, on account of mere absence, to lodge an appeal, than five years from the date of the last decree or interlocutor appealed against (Standing Order, HL, No.
Page 308 - the only rule for the construction of Acts of Parliament is, that they should be construed according to the intent of the Parliament which passed the Act. If the words of the statute are in themselves precise and unambiguous, then no more can be necessary than to expound those words in their natural and ordinary sense. The words themselves alone do, in such case, best declare the intention of the lawgiver.
Page 167 - Fund being the interest on about 3,800,000?., the property of suitors (standing in the name of the Accountant General of the Court of Chancery), and yielding about 112,000?.
Page 139 - If the accused was conscious that the act was one which he ought not to do. and if that act was" at the same time contrary to the law of the land, he is punishable...