Reports of Cases Tried in the Jury Court: From the Institution of the Court in 1815, to [July, 1830] ...A. Constable, 1829 - Civil procedure |
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Common terms and phrases
act of Parliament action of damages admission admitted agent agreement apply Baird BARCLAY bill of exceptions bound brought burgh called cause circumstances claim Cockburn competent to prove consider Couper Court of Session creditors CRINGLETIE decide deed defender dence doubt duty entitled evidence expense facts farm fender FORBES & Co give given Glasgow granted ground HAMILTON Hope Hossack incompetent injury issue James Couper Jeffrey judge jury justice Justices of Peace KINGAN lease leet letter liable LORD CHIEF COMMISSIONER.-The LORDS CHIEF COMMISSIONER loss MACKENZIE magistrate malice MARQUIS OF BUTE Martinmas matter ment mill Moncreiff Morison ness nuisance objection was taken opinion party person PITMILLY present produced proof ques question road Robertson sent Sheriff Skene Sol.-Gen statute STEIN'S ASSIG suer sufficient tacksman tenant ther thirlage tion trial trustees usage verdict Verdict-For the pursuer vessel Watson whole witness words
Popular passages
Page 150 - ... 1819, and subsequent thereto, up to Martinmas 1832, or during any part of the said period, there arose from the said works of the defenders certain noisome, offensive, noxious, or unwholesome smoke and other vapours, to the nuisance of the said pursuer, whereby the produce of the said garden was deteriorated, and the pursuer incommoded and annoyed in the enjoyment thereof, to the loss, injury, and damage of the pursuer?
Page 515 - Circuits, such party shall give notice of a motion for a rule to show cause why the verdict should not be set aside...
Page 507 - Court:—It being admitted that the defenders are " justices of peace and commissioners of supply for the " county of Kincardine, and, in that character, attended " a meeting at Stonehaven, in the said county, on the " 3d day of March 1823; and that the pursuer was " then brought before the said court upon a complaint " preferred against him for unlawfully shooting at " game, and being thereof convicted, he did, then and " there, make application to the court to mitigate the...
Page 131 - It being ad' mitted, that on the 27th or 28th of August 1821, the steam ' vessel called the Robert Bruce, the property of the pursuers, ' was destroyed by fire while at sea, on her voyage betwixt ' Liverpool and Dublin, — Whether the defenders promised and ' agreed to insure the pursuers to the extent of...
Page 26 - In the course of the proceedings it was directed that an issue should be prepared for the Jury Court. An issue was accordingly prepared in these terms : — ' Whether for forty years and ' upwards, prior to the months of March, April, or May 1822, there ' existed a public foot-path or foot-road along the right bank of the river ' Clyde, from the city of Glasgow, from the place called the Green, to ' the village called Carmyle, situated on the said bank of the said
Page 508 - Whether, at time and place, and pending the proceeding aforesaid, and in presence and hearing of the persons then and there assembled, the defender, Robert Barclay Allardice, did falsely, maliciously, and calumniously say, that the pursuer besides being a poacher was a thief ; that he had been known to steal beehives and leather, and that the defender, John Boswell, knew this to be true ; or did falsely, maliciously, and calumniously use or utter words to that effect, to the loss, injury...
Page 508 - Allardice, did falsely, maliciously, and calumniously say that the pursuer, besides being a poacher, was a thief,—that he had been known to steal bee-hives and leather, and that the defender, John Boswell, knew this to be true, or did falsely, maliciously, and calumniously use or utter words to that effect, to the loss, injury, and damage of the pursuer? Whether at the time and place, and pending the proceedings aforesaid, and in presence and hearing of the persons aforesaid, the defender, John...
Page 536 - Commissioner di- [107] -rected the Jury to " take into consideration the words, and the whole circumstances of the case ; " and to consider, whether Mr. Barclay was honestly discharging his duty, and " only erred in judgment as to his duty ; or whether he acted, not from a fair " desire of doing his duty, but was induced by malice to use the words proved. " His Lordship farther stated...
Page 116 - ... information, and pleaded a general denial that the ship was liable to forfeiture. Issue was joined thereon. The case was tried at the sittings after Trinity Term 1863, before the Lord Chief Baron and a special jury, and a verdict was found for the Defendants. On the 3d November, the Attorney General moved for a new trial on several grounds, one of which was that of alleged misdirection by the learned Judge. It was then doubted whether a decision on such a motion could be carried to a Court of...
Page 422 - Cross now moved for a rule to show cause why the verdict should not be set aside and a new trial granted.