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 14Michael Anderson, 1842 - Law reports, digests, etc |
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Common terms and phrases
Act of Parliament action agent Allan alleged amount annuities appears apply appointed assignation bank bill bond bound burgh charge charter claim clerk Coldingham concur contract Court Court of Session creditors Dean of Guild debtor debts decerns declared decree defender deponent diligence doubt effect entitled executed expenses favour Finds following interlocutor foresaid fund granted ground heirs of entail held heritable House of Lords infeft interest interlocutor irritant clause James Beaumont Neilson judgment jurisdiction jury lease letter liable libelled Lord Moncreiff Lord Ordinary Lordship Magistrates Martinmas ment objection obligation opinion paid parish parties payment person plea pleaded possession present proceedings pronounced the following proprietor provisions pursuer question reclaimed reference remit rent resolutive clause Robert Preston Scotland sequestration Sheriff Statute sufficient summons suspender tailzie teinds testator thereof tion trust-deed trustees warrant whole William Porterfield
Popular passages
Page 165 - Her Majesty the Queen of the United Kingdom of Great Britain and Ireland...
Page 1 - Funds,, and to order Distribution thereof or Payment of the Dividends thereof, according to the respective Estate or Estates, Title or Interest of the Person or Persons making Claim thereto, and to make such other Order in the Premises as to the said Court shall seem just and reasonable...
Page 126 - Tenement is a word of still greater extent, and though in its vulgar acceptation it is only applied to houses and other buildings, yet, in its original, proper, and legal sense, it signifies everything that may be holden, provided it be of a permanent nature; whether it be of a substantial and sensible, or of an unsubstantial ideal kind.
Page 236 - Not-payment of the same, and that at Two Terms in the Year, Whitsunday and Martinmas, by equal Portions...
Page 83 - ... within ten miles of the place where such drafts or orders shall be issued, provided such place shall be specified in such drafts or orders; and provided the same shall bear date on or before the b Sec Firbank v. Bell, 1 B.& A. 36. day on which the same shall be issued ; and provided the same do not direct the payment to be made by bills or promissory notes.
Page 308 - ... defendant, whereby an action hath accrued to the said company by virtue of this act, without setting forth the special matter ; and on the trial of such action it shall only be necessary to prove that the defendant at the time of making such respective calls was a proprietor of a share in the said undertaking...
Page 128 - The moveable estate and effects of the bankrupt so far as attachable for debt, to the same effect as if actual delivery or possession had been obtained or intimation made at that date...
Page 176 - It is very difficult to distinguish it from the specification of a patent for a principle, and this at first created in the minds of some of the court much difficulty ; but, after full consideration, we think that the plaintiff does not merely claim a principle, but a machine embodying a principle, and a very valuable one. We think the case must be considered as if, the principle being...
Page 168 - If, after such administration shall have been completed, any surplus should remain, and it shall appear that there are trusts to be performed in Scotland, to which it was devoted by Sir Robert Preston, it will be for the Court of Chancery to consider whether such surplus ought or ought not to be paid to the pursuers, for the purpose of being applied in the performance of such trusts...
Page 226 - VICE-CHANCELLOR, without hearing the reply, delivered the following judgment : I take the law upon this case to be perfectly clear. Where, by a settlement, land has been agreed to be converted into money, or money to be converted into land, a character is imposed upon it, until somebody entitled to take it in either form, chooses to elect that, instead of its being converted into money or instead of its being converted into land, it shall remain in the form in which it is actually found. There can...