Cases decided in the House of Lords: on appeal from the courts of Scotland, 1835-[1838], 第 3 卷 |
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12th Feb action alter amount annuity appeal apply Archibald Hill beneficially applicable body bond burgh cause claim competent consignation 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 Executors express failing favour fetters foresaid Forlong Glendonwyn Hamilton heirs descending heirs male heirs of entail heirs of tailzie heirs portioners held hereby House of Lords husband institute intended interdict interest interlocutor irritant and resolutive issue John Taylor judgment Jury Court jury trial Kerr kirk session landlord lands and estate law or relevancy lease Leith liable Lord Ordinary Lordships M'Gavin Macgregor marriage Military Fund Mure nuisance obligation opinion parties payable payment persons procreate prohibition provisions pursuer reference remit Rennie resolutive clauses respondent Robarts rule Scotland statute Taylor tenant thereof third daughter Tillicoultry tion trial by jury Trustees widow words
热门引用章节
第286页 - It is ordered and adjudged by the lords spiritual and temporal in parliament assembled, that the said petition and appeal be, and is hereby, dismissed this House ; and that the said interlocutor therein complained of be, and the same is hereby, affirmed.
第374页 - It has been contended that to render the defendant liable it must be his object to create a nuisance, or else that that must be the necessary and inevitable result of his act. No doubt it was not his object, but I do not agree with the other position ; because, if it be the probable consequence of his act, he is answerable as if it were his actual object. If the experience of mankind must lead anyone to expect the result, he will be answerable for it.
第368页 - If a nuisance be created, and a man purchase the premises with the nuisance upon them, though there be a demise for a term at the time of the purchase, so that the purchaser has no opportunity of removing the nuisance, yet by purchasing the reversion he makes himself liable for the nuisance...
第287页 - And be it further enacted, That if any Person or Persons shall think himself, herself or themselves aggrieved by any Thing done in pursuance of this Act...
第143页 - this limitation and restriction, that it shall not be lawful to nor in the power
第123页 - I feel myself compelled, though reluctantly, to concur in the opinion which has been expressed by my noble and learned friend on the woolsack.
第387页 - Lords shall modify, as the expenses of the process to follow hereon, conform to the laws and daily practice of Scotland, used and observed in the like cases as is alleged.
第217页 - Payment, and half-yearly, termly, and proportionally thereafter during the not-payment of the same, and that at two Terms in the year, Whitsunday and Martinmas, by equal portions...
第292页 - April then next preceding: provided also that no such person shall be so registered in any year unless he shall have resided for six calendar months next previous to the last day of July in such year within...
第83页 - House, and that the said interlocutor therein complained of be and the same is hereby affirmed : And it is further ordered, That the appellants do pay or cause to be paid to the said respondent the costs incurred in respect of the said appeal...