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, Volume 8Michael Anderson, 1836 - Law reports, digests, etc |
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Common terms and phrases
action admitted agent Agent.-Alt Alexander Alexander Maconochie alleged averred bank bill bond bound caution chalders charger circumstances claim clause contract Court of Session creditors Dean of Faculty death debt debtor deceased decerns declared decree deed defender defender's disposition domicile effect entail entitled ex facie executed executors expenses Faculty Hope father favour feu-duty Finds foresaid funds Fyffe George Rennie granted ground heir held heritable House of Lords infeftment interest interlocutor James John John Fraser John Rennie judgment jury lands law of France letter liable libelled liferent lodged Lord Ordinary Lordships marriage Martinmas ment objection obligation opinion paid parties payment person plea pleaded prescription present proceedings pronounced provisions pursuer question reclaimed remit respect respondent Rutherfurd Scotch seisin settlement Sheriff Statute suer suspender tailzie teinds testator thereof tion transaction trustees whole
Popular passages
Page 38 - And I consent to the registration hereof in the books of council and session, or any other judges books competent; therein to remain for preservation; and thereto I constitute my procurators, &c.
Page 106 - House; and that the said interlocutor, therein complained of, be, and the same is hereby affirmed.
Page 8 - ... banker or bankers, which shall be dated on any day subsequent to the day on which it shall be issued, or which shall not truly specify and express the place where it shall be issued, or which shall not in every respect fall within the said exemption, unless the same shall be duly stamped as a bill of exchange according to this act...
Page 62 - Scotch law sanctions, and will only be liable to perform the duties which the Scotch law imposes. Indeed if we are to regard the nature of the contract in this respect as defined by the lex loci, it is difficult to see why we may not import from Turkey into England, a marriage of such a nature as that it is capable of being followed by, and subsisting with another, polygamy being there of the essence of the contract.
Page 291 - defender qud trustee liable in expenses, and remits the account thereof, when " lodged, to the auditor to tax and report.
Page 62 - ... to make the contract ; and in the other case, that they are incapable until they have complied with the conditions imposed. I shall only stop here to remark, that the English jurisprudence, while it adopts this principle in words, would not, perhaps, in certain cases which may be put, be found very willing to act upon it throughout. Thus, we should expect that the Spanish and Portuguese Courts would hold an English marriage avoidable between uncle and niece, or brother and sister-in-law, though...
Page 8 - Hudson,* is prohibited under a penalty, this will not prevent the person who so deals from maintaining an action for goods sold and delivered in such dealing, although the unlicensed dealer will be liable to the statutory penalty. But how would it have been if the legislature had, besides the penalty, provided that all dealing of the forbidden kind should be absolutely void ? It is clear that, in this case, no action could arise from such void dealing, not because the law forbade the transaction...
Page 303 - 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 237 - Given under my hand and seal, this day of , in the year of our Lord , at , in the [county] aforesaid.
Page 21 - Finds the defenders entitled to expenses : Allows an account thereof to be given in, and remits the same, when lodged, to the Auditor to tax and report.