Reports of Cases Tried in the Jury Court: From the Institution of the Court in 1815, to [July, 1830] ...A. Constable, 1831 - Civil procedure |
Other editions - View all
Common terms and phrases
acquiescence action of damages admission admitted affidavit agent ALLARDYCE answer appears assault averment Belladrum bill bond bound brought called cause Causeland circumstances Cockburn Condescendence consider Court of Session deed defender dence DICKSON doubt Dundonnel entitled evidence expences facts fender FORBES FRASER fraud given granted ground Holmes Water incompetent injury issue James Spink Jeffrey Judge justice KERRS & Co law of Scotland letter liable LIDDEL LORD CHIEF COMMISSIONER LORD CHIEF COMMISSIONER.-The LORD FORBES M'DOUGALL MACKENZIE Magistrates malice ment MILLER & KERR mind necessary neral ness note of particulars objection was taken opened opinion party payment person pleadings present proof prove purchase pursuer question RENFREWSHIRE Robertson Sir John Lowther Skene Sol.-Gen statement STEWART suer sufficient Summons ther thing tion transaction trial trustees verdict vessel warrant WIGHT WIGHTON WILSON witness wrongfully
Popular passages
Page 69 - Defendant afterwards, under leave, reserved at the trial, moved for and obtained a rule to show cause why the verdict should not be set aside...
Page 213 - ... in this Court, since I sat here. Every order, rule, judgment, and opinion, has hitherto been unanimous. That unanimity never could have happened, if we did not among ourselves communicate our sentiments with great freedom ; if we did not form our judgments without any prepossession to first thoughts ; if we were not always open to conviction, and ready to yield to each other's reasons. We have all equally endeavoured at that unanimity upon this occasion ; we have talked the matter over several...
Page 232 - Whether, in terms of the interlocutor of the First Division of the Court of Session, dated 12th June 1829, the funds, against which the said cheque was presented, were not paid to the defenders in the fair and ordinary course of trade, but were deposited with the view, and for the purpose of affording to the defenders an undue preference over the other creditors of the said William Blincow and Company?
Page 71 - Boswell did falsely, maliciously, and calumniously say, that he was informed by a respectable farmer now dead, that the pursuer stole a quantity of leather ; or did falsely, maliciously, and calumniously use or utter words to that effect, to the injury and damage of the pursuer ?
Page 213 - We have all equally endeavored at that unanimity upon this occasion ; we have talked the matter over several times ; I have communicated my thoughts in writing, and I have read the three arguments which have just been delivered. In short we have equally tried to convince or be convinced. But in vain. We continue to differ, and, whoever is right, each is bound to abide by and deliver that opinion which he he has deliberately formed.
Page 213 - The same reporter says, that, except in the case of Perrin and Blake, and the case of Literary Property, there had not been, from Nov. 6, 1756, to May 26, 1776, a final difference of opinion in the court in any case, or upon any point whatsoever; and it is remarkable too...
Page 213 - This is the first instance of a final difference in this Court since I sat here. Every order, rule, judgment, and opinion has hitherto been unanimous. That unanimity never could have happened if we did not, among ourselves, communicate our sentiments with great freedom ; if we did not form our...
Page 237 - Whether the defenders, or any of them, promised and agreed to insure, or to get .£"1,000 insured on the said vessel, on a voyage at and from Clyde to Quebec (with leave to call at a port in the Highlands to take in passengers), while there, and thence to Dundalk, and from Dundalk to Greenock, in terms of a letter from Mr Joseph Manticha, dated...
Page 235 - remitted BLINCOW'S " to the Lord Ordinary to inquire and decide whether " the funds in the defender's hands, against which the " cheque for the amount of the third instalment of the " bond was presented, were paid to the defenders in the " fair and ordinary course of trade, or were deposited " with the view and for the purpose of affording to " them an undue preference over the other creditors...
Page 247 - Inglis, writer to the signet, the sum of £3000 sterling, on the death of John Thomas Earl of Mar, and that the right to the said policy is now in the pursuers ; — " It being also admitted that, on the 20th day of September 1828, the said Earl died...