Cases Decided by the House of Lords on Appeals and Writs of Error: 2 & 3 Victoriae, Session of Parliament, 1839 |
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act of parliament action adjudication admitted affirmed aforesaid Alexander annuities Appellant's Appellants Argument apply assembly Auchterarder barony parish bill Brougham's Speech cause Chancellor's Speech church claim clause Clyne CLYNE'S TRUSTEES consignation contract court of equity Court of Session creditors debts decern declared decree deed defenders directed doubt DUNLOP Dunnet EARL OF KINNOULL effect election entail entitled executed fact favour Fraser funds Fyffe Glasgow ground heir hereby heritable House of Lords interlocutor issue judgment July jury kirk session lands law of Scotland learned judges leases legatees liable Lord Chancellor Lord Ordinary Lordships magistrates ment objection opinion paid parties partners patron payment person petition plea presbytery present presentee proceedings prohibition provision pursuer question reference refused remit respect Respondents Argument settlement SHEEHY Statement statute STEWART tailzie TERARDER thereof Thomas Paterson tion trial verdict vested whole
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Page 604 - for the present voyage, and now lying in the port of " Leith, and bound for Newcastle, one puncheon of " spirits, bung-full, with excise permit, being marked " and numbered as in the margin, and to be delivered " in the like good order, and well conditioned, at the " foresaid port of Newcastle, (all and every other " dangers and accidents of the seas, rivers,
Page 624 - 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, with directions to
Page 364 - of the bargain itself, such as no man in his " senses and not under delusion would make, on the " one hand, and as no honest and fair man would " accept on the other." Besides, upon the face of the agreement in question, and independently of all the written evidence by which the misrepresentation and
Page 774 - that it might be referred to one of the masters of the said Court to approve of some proper persons to be appointed trustees of the said charities; or that his Lordship would make such other order for the administration of such trust estates as to his Lordship might seem just and fit.
Page 948 - the bill of exceptions allowed. The House of Lords ordered and adjudged, that the said interlocutor complained of in the said appeal be, and the same is hereby reversed ; and it is further ordered, that the cause be remitted back to the Court of Session in Scotland, with directions to
Page 191 - House, and that the said interlocutors therein complained of be and the same are hereby affirmed: And it is further ordered, That the appellant, the said James John Fraser, do pay or cause to be paid to the said respondents the costs incurred in respect of the said appeal since he so
Page 694 - appeal, be and the same are hereby reversed, and that the said interlocutor of the Lord Ordinary of the 8th of June 1837 be and the same is hereby affirmed: And it is further ordered. That the said cause be remitted back to the Court of Session in Scotland, to do therein as shall be just, and consistent with this judgment. DEANS
Page 192 - to presbyteries, that if, at the moderating " in a call to a vacant pastoral charge, the major part " of the male heads of families, members of the vacant " congregation and in full communion with the church, " shall disapprove of the person in whose favour the " call is proposed to be moderated in, such
Page 746 - barred from obtaining any preference in virtue " of their diligence; therefore decern, and declare in " terms of the conclusion of the libel: Find the pursuer " entitled to expenses; allow an account thereof to be " given in, and remit to the auditor to tax the same " and to report." • Messrs. Beveridge and Williamson appealed.