Cases Decided in the House of Lords, on Appeal from the Courts of Scotland, 1835-[1838], 第 1 卷 |
其他版本 - 查看全部
常见术语和短语
10th Apr ADAM and BROWN adjudged ANSTRUTHER appellant assessment Balmule Bank bankrupt burden burgh claim coal contract conveyance Court of Session creditors Cuthill debts decern decision declared deed defenders disponee disposition effect ELGIN entailed estate entitled executors favour foresaid fraud funds Glendonwyn granted ground Halkett heir of entail heir of line heirs male heirs of tailzie heirs portioners held hereby heritable heritors House of Lords infeftment INGLIS institute interest interlocutor irritant clause judges judgment kirk session law of Scotland lease liable Lord Elgin Lord Justice Clerk Lord Macdonald Lord Ordinary Lordships M'AULAY MAGISTRATES OF DUNBAR MANSFIELD Martinmas MOREHEAD moveable obligation opinion parish parties payment person poor present principle pursuer question reference remit rent respect respondent river Nith royal burgh Scott sequestration share Shuna statute Stuart teind thereof tion trustee water of Solway whole words Yeats
热门引用章节
第116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837页 - Court, witnesses are to be admitted or rejected upon the practice of the English Courts ; nay, that examination and cross-examination are to proceed upon those rules of our practice, supposing them to be (as they may possibly be) quite different from the Scotch rules? This would be manifestly a source of such inconvenience as no Court ever could get over. Among other embarrassments equally inextricable there would be this ; that a host of English lawyers must always be in attendance on the Scotch...
第149页 - Our will is herefore ; and we charge you strictly, and command that incontinent, these our letters seen, ye pass to the...
第833页 - It is on all hands," he said, " admitted " that the whole distribution of Mr. Yates' personal estate " must be governed by the Law of England, where he had " his domicil through life, and at the time of his decease, and " at the dates of all the instruments executed by him. Had " he died intestate, the English statute of distributions, and " not the Scotch Law of succession in moveables, would have " regulated the whole course of the administration. His " written declarations must therefore be taken...
第834页 - The truth with respect to men's actions, which form the subject-matter of their inquiry, is to be ascertained according to a certain definite course of proceeding, and certain rules have established, that in pursuing this investigation some things shall be heard from witnesses, others not listened to; some instruments shall be inspected by the judge, others kept from his eye. This must evidently be the same course, and governed by the same rules, whatever be the subject-matter of investigation.
第835页 - ... by the judge, others kept from his eye. This must evidently be the same course, and governed by the same rules, whatever be the subject-matter of investigation. Nor can it make any difference, whether the facts concerning which the discussion arises, happened at home or abroad; whether they related to a foreigner domiciled abroad, or a native living and dying at home. As well might it be contended that another mode of trial should be adopted, as that another law of evidence should be admitted...
第730页 - ... of any issue or issues to " except to the opinion and direction of the judge or " judges before whom the same shall be tried, either as " to the competency of witnesses, the admissibility of " evidence, or other matter of law arising at the trial...
第716页 - ... house and land for years with a stock or sum of money, rendering rent, and the lessee covenants for him, his executors, administrators, and assigns, to deliver the stock or sum of money at the end of the term, yet the assignee shall not be charged with this covenant, for although the rent reserved was increased in respect of the stock or sum, yet the rent did not issue out of the stock or sum, but out of the land only.
第837页 - ... the supposition, are questions of mere fact in the Scotch Courts, must arise unexpectedly during each trial, and must be disposed of on the spot in order, that the trial may proceed. The case, which I should however put, as quite decisive of this matter, comes nearer than any other to the one at bar, and it may, with equal advantage to the elucidation of the argument, be put as arising both in an English and in a Scotch Court. By our English rules of evidence no instrument proves itself, unless...
第83页 - ... according to the present practice, the Court of Session shall, in reviewing the judgment proceeding on such proof, distinctly specify in their interlocutor the several facts material to the case, which they find to be established by the proof, and express how far their judgment proceeds on the matter of fact so found, or on matter of law, and the several points of law which they mean to decide...