Cases Decided in the House of Lords: On Appeal from the Courts of Scotland, 1835-[1838], 第 3 卷 |
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常见术语和短语
12th Feb 13th Mar 19th June 25th July 2d Feb 3d April amount annuity appeal apply Archibald Hill beneficially applicable body bond burgh cause claim competent construction contract contravene Court of Session creditors Cuthbert debts decease decision declared deed of entail defenders Duntreath dye-work eldest daughter election entailer's entitled enumerated favour fetters foresaid FORLONG Glendonwyn HAMILTON heirs descending heirs male heirs of entail heirs of tailzie heirs portioners hereby House of Lords husband institute intention interdict interest interlocutor irritant and resolutive issue judgment Jury Court jury trial KERR kirk session lands and estate law or relevancy Leith liable Lord Ordinary Lordships M'GAVIN MACGREGORS marriage Military Fund MURE nuisance obligation opinion parties payable payment persons procreate prohibition provisions pursuer question remit RENNIE resolutive clauses respondent Robarts rule Scotland statute TAYLOR'S EXECUTORS tenant thereof third daughter Tillicoultry tion trial by jury TRUSTEES widow words
热门引用章节
第306页 - 4. c. 76., enacts, that the electors shall be such only as are qualified to vote in the election of a member of parliament for such burgh by virtue of an act passed in the second and third year of the reign of His Majesty King William the Fourth, intituled
第387页 - conform to the said contract, laws, and daily " practice of Scotland used and observed in the like " cases in all points as is alleged." The Lord Ordinary assoilzied the defenders from the action, but the Court on 21st February 1837 altered, and found " that the agreement libelled between the pur" suers and defenders is in due conformity
第141页 - of the certificate thereof, the cause shall be remitted back to the Court of Session in Scotland, or to the Lord Ordinary officiating on the bills during the vacation, to issue such summary process or diligence for the recovery of such costs as shall be lawful and necessary. DEANE & DUNLOP—RICHARDSON & CONNELL, Solicitors.
第159页 - conditions, provisions, restrictions, declarations, and " reservations before mentioned." But the words " conditions and provisions" cannot be held as synonymous with, or as including, irritant and resolutive clauses. The words of the statute are decisive upon this point. It declares, " that it shall be lawful to his " Majesty's subjects to tailzie their lands and estates,
第387页 - deed of the late Dr. Bell, and a valid and effectual " agreement, and therefore decern against the de" fenders in terms of the conclusions of the libel: " Find the defenders liable to the pursuers in expenses, " and remit the account thereof, when lodged, to the " auditor of Court, to tax the same, and report,—with DD 4
第99页 - that objection in the present action, supposing it to be well founded. " On the ground which we have fully explained, we are of opinion, that " the pursuer is entitled to decree in his action, and that the interlocutor " of the Lord Ordinary ought to be adhered to.
第83页 - ordered, That the appellants do pay or cause to be paid to the said respondents the costs incurred in respect of the said appeal; the amount thereof to be certified by the clerk assistant. ARCHIBALD GRAHAME—GEORGE WEBSTER, Solicitors.
第83页 - said petition and appeal be and is hereby dismissed this GORDON. House; and that the said interlocutors therein complained of, be and the same are hereby affirmed : And it is further ordered, That the appellants do pay or cause to be paid to the said respondents the costs incurred in respect of the said appeal; the amount thereof to be certified by the clerk assistant.
第176页 - impossible to maintain the law as laid down by his Lordship, consistently with the current of authorities upon the rules of construction. I have, therefore, no doubt whatever that this decision must be reversed. The House of Lords ordered and adjudged, That the said interlocutor complained of in the said appeal be and the same is hereby reversed. A. DOBIE— SPOTTISWOODE and ROBERTSON, Solicitors. [3d April 1838.]
第291页 - That the judgments of the " said courts of review shall in all cases be final and " conclusive, and liable to no process of review, and " shall, whenever they reverse or vary the judgments " of the sheriff appealed from, be warrants to him to " alter or correct his registers in conformity thereto