 English statute cannot be pleaded in Scotland in such a case, but, according to the law of that forum, it may be pleaded that the debt is presumed to have been paid. And it makes an issue, in which the plaintiff in the suit may show that such a presumption...  Principles of Equity - Page 509by Lord Henry Home Kames - 1825 - 525 pagesFull view - About this book
 | Law reports, digests, etc - 1854 - 584 pages
...creditor shall not dude it either " by direct evidence or contrary presumptions." (2) Lord Kaims, says : " when a process is brought in Scotland " for payment of an English debt, after the English prescrip" tion has taken place, it [cannot be pleaded here that the " action is cut oft' by the Statute... | |
 | Law reports, digests, etc - 1854 - 548 pages
...shall not elude it either " by direct evidence or contrary presumptions." (2) Lord Kaims, says : " when a process is brought in Scotland " for payment of an English debt, after the English prescrip" tion has taken place, it [cannot be pleaded here that the " action is cut off by the Statute... | |
 | William Tidd - Civil procedure - 1856 - 838 pages
...The extract from Lord Kames only shows what may be done in Scotland when a process has been brought^ for payment of an English debt, after the English prescription has taken place. The English statute cannot be pleaded in Scotland in such a case, but, according to the law of that... | |
 | Joseph Kinnicut Angell - Limitation of actions - 1861 - 724 pages
...The extract from Lord Kames only shows what may be done in Seotland when a process has bcen brought for payment of an English debt, after the English prescription has taken place. The English statnte eannot be pleaded in Seotland in such a ease, bnt, according to the law of that... | |
 | Joseph Kinnicut Angell, John Wilder May - Limitation of actions - 1869 - 756 pages
...made to 1 Bulger v. Roche, 11 Mass. R. 36. Lord Eames says : "When a process is brought in Seotland for payment of an English debt, after the English prescription has taken place, it caunot be pleaded here (that is, in Seotland) that the action is cut off by the statute of limitation... | |
 | United States. Supreme Court, Benjamin Robbins Curtis - Law reports, digests, etc - 1870 - 820 pages
...The extract from Lord Kames only shows what may be done in Scotland when a process has been brought for payment of an English debt, after the English prescription has taken place. The English statute cannot be pleaded in Scotland in such a case, but according to the law of that... | |
 | Nathan Howard (Jr.) - Civil procedure - 1871 - 702 pages
...2G8 ; Lc. Hoy agt. Crouninshidd, 2 Mason, 151, 165). "When a process is brought in Scotland for the payment of an English debt, after the English prescription...it cannot be pleaded here, that the action is cut oft' by the statute of limitations; but it can be pleaded here and will be sustained, that the debt... | |
 | Joseph Kinnicut Angell - Limitation of actions - 1876 - 772 pages
...payment, thus arising from the Iex loci contractus, 1 Bulger v. Roche, 11 Mass. 36. Lord Kames says : " When a process is brought in Scotland for payment...prescription has taken place, it cannot be pleaded here (that is, in Scotland) that the action is cut otfby the statute of limitation ; but it can be pleaded here,... | |
 | Law reports, digests, etc - 1888 - 890 pages
...The extract from Lord Kames only shows what may be done in Scotland when a process has been brought for payment of an English debt, after the English prescription has taken place. The English statute cannot be pleaded in Scotland in such a case, but according to the law of that... | |
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