The Scottish Jurist: Containing Reports of Cases Decided in the House of Lords, Courts of Session, Teinds, and Exchequer, and the Jury and Justiciary Courts, Volume 15Michael Anderson, 1843 - Law reports, digests, etc |
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Common terms and phrases
accordingly Act of Parliament action admitted advocator agent alleged amount Andrew Hutchison annuity appears application appointed averred bank bankrupt behoof bill bond bound caution circumstances claim clause competent concur contract Court of Session creditors debt debtor decerns declared decree deed defender diligence doubt effect entail entitled executed expenses favour Finds foresaid funds Glasgow granted Greenock ground heirs held heritors House of Lords husband infeftment interest interlocutor James John Judges judgment jury kirk-session lands lease liable locutor Lord Advocate Lord Moncreiff Lord Ordinary pronounced Lordships Martinmas ment multiplepoinding objection obligation opinion parish parties payment person petitioner plea possession Presbytery present proceedings pronounced the following provision pursuer question railway reclaimed reference refused remit rent respect respondent Robert Wight Scotland sequestration Sheriff Statute summons suspension sustained tailzie taken teinds tenant tion trustee ultra vires valuation whole
Popular passages
Page 266 - Of Law there can be no less acknowledged than that her seat is the bosom of God, her voice the harmony of the world : all things in heaven and earth do her homage ; the very least as feeling her care, and the greatest as not exempted from her power...
Page 267 - Malice, in the legal acceptation of the word, is not confined to personal spite against individuals, but consists in a conscious violation of the law to the prejudice of another.
Page 15 - And they consent to the registration hereof in the books of council and session, or other judges...
Page 262 - Even inferior Courts, provided the law has clothed them with judicial functions, are not answerable for errors in judgment, and where they may not act as judges, but only have a discretion confided to them, an erroneous exercise of that discretion, — however plain the miscarriage may be, and however injurious its consequences, — they shall not answer for.
Page 301 - Not-payment of the same, and that at Two Terms in the Year, Whitsunday and Martinmas, by equal Portions...
Page 183 - I do hereby claim as my invention the inking the form of types, plates, or blocks, partly on one side and partly on the other side of the pressing or printing cylinder ; and the combination of two paper feeders with a printing cylinder which prints in one direction only.
Page 51 - Title, to be lodged, and remits the same, when lodged, to the Auditor to tax and report.
Page 266 - Presbytery is a court, and that this was a judicial proceeding, wherefore no action can he maintained against the members of the Court, although their judgment be erroneous. There can be no doubt that for many purposes the Presbytery is a court, and that it has not only ecclesiastical functions, but jurisdiction in certain civil matters, such as the allotting of glebes, and the repair of kirks and manses, where the Presbytery is acting judicially, or in any matter where...
Page 53 - ... to be had or taken in pursuance of this act shall be quashed or vacated for want of form only, or be removed by certiorari, or any other writ or process whatsoever, into any of her Majesty's courts of record at Westminster or elsewhere^ any law or statute to the contrary thereof in anywise notwithstanding.
Page 53 - ... doing as little damage as may be in the execution of the powers hereby or by the special Act granted, and* making compensation for any damage which may be done in the execution of such powers.