Decisions of the Court of Session: From November 1825 to [20th July 1841] ...J. Anderson and Company, 1832 - Law reports, digests, etc |
From inside the book
Results 1-5 of 100
Page 35
... creditor upon a meditatio fugæ warrant . Now , in some such cases there may be considerable difficulty . As , for instance ... creditors can follow her to recover payment of their debts . Lords Cringletie and Meadowbank concurred . Lord ...
... creditor upon a meditatio fugæ warrant . Now , in some such cases there may be considerable difficulty . As , for instance ... creditors can follow her to recover payment of their debts . Lords Cringletie and Meadowbank concurred . Lord ...
Page 42
... creditors , a process of multiplepoinding was brought , in which different claimants appeared . By an interlocutor pro- nounced in 1824 , and which was allowed to become final , the Duke of Athol was preferred primo loco for certain ...
... creditors , a process of multiplepoinding was brought , in which different claimants appeared . By an interlocutor pro- nounced in 1824 , and which was allowed to become final , the Duke of Athol was preferred primo loco for certain ...
Page 43
... creditors , which is a complete diligence of itself . It has been solemnly ad- judged by this Court , that a confirmation as executor - creditor was preferable to an arrestment ; Carmichael v . Mossman , 27 June 1742 , Kilk . M. 2791 ...
... creditors , which is a complete diligence of itself . It has been solemnly ad- judged by this Court , that a confirmation as executor - creditor was preferable to an arrestment ; Carmichael v . Mossman , 27 June 1742 , Kilk . M. 2791 ...
Page 44
... creditors , and yet there may not be an effectual transference in regard to any one of them ; and even a creditor who has already appeared , and who may be excluded by res judicata from stirring points already determined , is not ...
... creditors , and yet there may not be an effectual transference in regard to any one of them ; and even a creditor who has already appeared , and who may be excluded by res judicata from stirring points already determined , is not ...
Page 45
... creditor , in competition with the confirmation as executor - creditor , had no- thing to found upon but arrestments . But the present case is entire- ly different . Both parties had claimed in the multiplepoinding , and their several ...
... creditor , in competition with the confirmation as executor - creditor , had no- thing to found upon but arrestments . But the present case is entire- ly different . Both parties had claimed in the multiplepoinding , and their several ...
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...