Cases Decided in the House of Lords: On Appeal from the Courts of Scotland, 1821-[1824] ...W. Blackwood, 1828 - Law reports, digests, etc |
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Common terms and phrases
action adhered affirmed agents alleged appears appellant assignation bills bona fide bond brought cause Charles Gascoigne circumstances claim competent condescendence consequence Court of Session creditors damages debt decerned declared decree deed defenders depones Duke of Queensberry effect entail entitled Ersk ex facie executed executors expenses favour foresaid Fraser Gascoigne Gibson and Company granted grassums ground Hamilton and Company Harry Bain heirs House of Lords Hyslop interlocutors complained James John Marshall Judges judgment June 16 Jury Court lands law of Scotland lease Leith liable libel Lord Ordinary Lordships M'Call and Company March Martinmas ment Messrs obligation opinion ordered and adjudged paid parties payment person petition possession proceedings pronounced pursuer question reduction remitted rent respect respondents river Dee Russia Ryrie sequestration ship Sir James Montgomery statute subscribed tack tailzie Taylor tenants thereafter thereof Thomson tion trustee violent profits William William Marshall yairs
Popular passages
Page 401 - Secondly, a misfortune of this kind may arise where both parties are to blame ; where there has been a want of due diligence or of skill on both sides : In such a case, the rule of law is, that the loss must be apportioned between them, as having been occasioned by the fault of both of them.
Page 46 - It is ordered and adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said decree, so far as the same is complained of in the said Appeal, be and the same is hereby reversed.
Page 375 - ... the same be there discharged and safely landed. And it shall be lawful for the said ship, &c., in this voyage, to proceed and sail to and touch and stay at any ports or places whatsoever and wheresoever for all purposes without prejudice to this insurance.
Page 304 - Parliament assembled, that the several interlocutors complained of In the said appeal be, and the same are hereby reversed...
Page 3 - AND be it further enacted by the authority aforesaid, that if any action or suit shall be commenced against any person or persons for...
Page 65 - Lords, and the pursuer reponed and restored thereagainst in integrum ; and the defender Ought and Should be Decerned and Ordained, by decree foresaid, to make payment to the pursuer of the sum of...
Page 404 - I apprehend, therefore," added Lord Gifford, " that what is laid down in the case of the Woodrop is estabh'shed to be the law of the Court of Admiralty. I have no difficulty in recommending to your lordships to apply to this case the judgment of Sir James Marriott, in the case of the Judith Randolph. If your lordships were to take any other rule, one cannot conceive any mode of properly apportioning the loss which the Court of Session have found to have occurred. It might be extremely difficult to...
Page 401 - In the first place, it may happen without blame being imputable to either party; as where the loss is occasioned by a storm, or any other vis major; in that case, the misfortune must be borne by the party on whom it happens to light; the other not being responsible to him in any degree.
Page 392 - Court, that the question or questions of law or relevancy may be considered and determined there: Provided always, That it shall be lawful to the said division, Lord Ordinary, or Judge-Admiral, when matters of fact shall after such consideration or determination remain to be proved, again to remit the whole process and all the productions to the Jury Court, in order that an issue or issues may be prepared and tried as aforesaid...
Page 424 - This is the case of a contract lawfully made by a subject in this country, which he resorts to a court of justice to enforce, and the only answer given is, that a law has been made in a foreign country to discharge these defendants from their debts on condition of their having relinquished all their property to their creditors.