Decisions of the Court of Session: From November 1825 to [20th July 1841] ...J. Anderson and Company, 1832 - Law reports, digests, etc |
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Page 31
... answer , there does not seem to be any good ground for authori- sing this sort of warrant to be issued against him , either at the in- ' stance of a foreigner or that of a native of Scotland , in order to ' make him responsible to the ...
... answer , there does not seem to be any good ground for authori- sing this sort of warrant to be issued against him , either at the in- ' stance of a foreigner or that of a native of Scotland , in order to ' make him responsible to the ...
Page 34
... answers made are sufficient ; 1st , That , even though she were entitled to the privileges of a married woman in not being liable to personal diligence for an or- dinary civil debt , the present claim is founded on a delict , and the ...
... answers made are sufficient ; 1st , That , even though she were entitled to the privileges of a married woman in not being liable to personal diligence for an or- dinary civil debt , the present claim is founded on a delict , and the ...
Page 53
... answer to this claim good , —that the • manifest intention of the testator was , that the provision , as unum quid , should have effect , as a provision on his daughter , and as a satisfaction of his daughter's claim , legal or ...
... answer to this claim good , —that the • manifest intention of the testator was , that the provision , as unum quid , should have effect , as a provision on his daughter , and as a satisfaction of his daughter's claim , legal or ...
Page 55
... answer to them to say , that by the clause in the settlement the provision was given in lieu of the legal claim ? The provision in the settlement is truly of the nature of an offer made by the testator to his daughter . Now , suppose he ...
... answer to them to say , that by the clause in the settlement the provision was given in lieu of the legal claim ? The provision in the settlement is truly of the nature of an offer made by the testator to his daughter . Now , suppose he ...
Page 59
... answered - A party against whom a pro- Chargers ' cess - caption has been regularly issued can liberate himself from Pleas its effects only in one of these ways , -by production of the process , - by proving a casus fatalis , whereby it ...
... answered - A party against whom a pro- Chargers ' cess - caption has been regularly issued can liberate himself from Pleas its effects only in one of these ways , -by production of the process , - by proving a casus fatalis , whereby it ...
Common terms and phrases
22 June action advocation afterwards alleged appears apply appointed assignees Baikie bankrupt bill bond burgh caution charter circumstances claim clause Clerk Company competent complainer concurred contract Corehouse Court of Session creditors Dean of Fac debt debtor decerns declared decree deed defender defender's effect entail entitled executed executors expenses favour Finds following interlocutor Glenlee granted ground heirs held heritable heritors House of Lords incompetent infeft interlocutor James John judgment July June jurisdiction jury lands lease legacies liable libel liferent lodged Lord Moncreiff Lord Ordinary Lordship Macdonald Magistrates objection obligation Opinion of Court parties payment person Peter Torrie petition petitioner pleaded Pleas poindings Polmont present proceedings pronounced proof provision purchaser pursuer question reclaimed remissio remitted rent res judicata respondent Scotland SECOND DIVISION sequestration Sheriff statute summons suspender tailzie teinds tion trust-deed trustees tutors W. S. Agent warrant whole
Popular passages
Page 158 - It is ordered and adjudged, by the Lords spiritual and temporal in Parliament assembled, that the said...
Page 499 - And with and under this limitation and restriction also, that it shall not be lawful to, nor in the power of...
Page 280 - Majesty's Subjects, the same shall be transferred by Bill of Sale, or other Instrument in Writing, containing a Recital of the Certificate of Registry of such Ship or Vessel, or the principal Contents thereof, otherwise such Transfer shall not be valid or effectual for any Purpose whatever, either in Law or in Equity...
Page 569 - ... expenses ; allows an account thereof to be given in, and remits the same when lodged to the Auditor to tax and report.
Page 432 - Ireland, for any work to be done, or for any goods, wares, merchandise, or other thing to be sold, delivered, done, or agreed for by weight or measure, where no special agreement shall be made to the contrary, shall be deemed, taken, and construed to be made and had according to the standard weights and measures ascertained by this act...
Page 158 - The House of Lords ordered and adjudged, That the said interlocutors complained of in the said appeal be and the same are hereby reversed : And it is further ordered, That the cause be remitted back to the Court of Session in Scotland...
Page 286 - The Lord Ordinary reported the case to the Court, with the following note : ' The Lord Ordinary has reported this bill, in the • first instance, because he is very much at a loss to determine what ' order should be made on it. If it were simply an advocation of ' an interlocutory judgment of the Commissaries, in a cause which, ' by the late statute, still remained with them, for concluding a proof...
Page 630 - Ordered, That the cause be remitted back to the Court of Session in Scotland, to do therein as shall be just...
Page 629 - And it is further ordered, that the cause be " remitted back to the Court of Session, to do therein " as shall be consistent with the said findings, and as
Page 298 - That no other advocate or agent, than those appointed as above, shall be employed, or allow their names to be used in any stage of the cause, unless on application to the Lord Ordinary or the Court, by a note to be signed by the advocate and agent already appointed, the assistance of one of the other advocates or...