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 2
... question , the latter must be bound by that party's acts , and by the evidence afforded by his writ and oath , equally as he would be by evidence of the charger himself . The charger did not admit the alleged understanding between the ...
... question , the latter must be bound by that party's acts , and by the evidence afforded by his writ and oath , equally as he would be by evidence of the charger himself . The charger did not admit the alleged understanding between the ...
Page 3
... question . But having done so , how is it possible that their allegation can be received ? I must go on the ordinary rule , that , as drawers and indorsers , they are liable . With regard to the question of intimation , I cannot lay ...
... question . But having done so , how is it possible that their allegation can be received ? I must go on the ordinary rule , that , as drawers and indorsers , they are liable . With regard to the question of intimation , I cannot lay ...
Page 5
... question as to the trus- tee's management , and judgment proceeded on that ground ; but no such question occurs here . 2. Assuming that the competency of the original action might 12 Nov. 1831. have been successfully contested by the ...
... question as to the trus- tee's management , and judgment proceeded on that ground ; but no such question occurs here . 2. Assuming that the competency of the original action might 12 Nov. 1831. have been successfully contested by the ...
Page 7
... question re- garding the trustee's management of the sequestrated estate , while he thought no such question was involved in the present case . Lord Medwyn , Ordinary . For the advocator , Dean of Fac . ( Hope , ) Ad . Paterson , For ...
... question re- garding the trustee's management of the sequestrated estate , while he thought no such question was involved in the present case . Lord Medwyn , Ordinary . For the advocator , Dean of Fac . ( Hope , ) Ad . Paterson , For ...
Page 11
... question , properly speaking , ' was not a special legacy . It was a legacy payable out of a spe- ' cial fund , namely , the five per cent . stock , belonging to the testa- ' tor in the public funds . It is not asserted in the record ...
... question , properly speaking , ' was not a special legacy . It was a legacy payable out of a spe- ' cial fund , namely , the five per cent . stock , belonging to the testa- ' tor in the public funds . It is not asserted in the record ...
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...