 | Scotland - Law - 1900 - 620 pages
...judge before whom such verdict is obtained shall certify on the interlocutor sheet that the action was brought to try a right besides the mere right to recover damages ; or that the injury in respect of which the action was brought was malicious ; or, in the case of... | |
 | Law reports, digests, etc - 1904 - 1060 pages
...respect to such verdict, any costs, unless the court enter of record that the object of the action was to try a right besides the mere right to recover damages for the trespass or grievance in respect of which the action was brought, or that the said trespass or grievance was willful or malicious."... | |
 | Law - 1904 - 982 pages
...recover any costs, unless the judge shall immediately afterwards certify on the back of the record that the action was really brought to try a right besides the mere right to damages. The verdict was given at the close of the last day of the assizes, and the court immediately... | |
 | Law reports, digests, etc - 1859 - 1036 pages
...or prMiilmg otHo'i before whom such verdict shall be obtained, shall immediately afterwards certify on the back of the record, or on the writ of trial...really brought to try a right besides the mere right u. recover damages, for the trespass or grievance for which the action shall have been brought, or... | |
 | Law reports, digests, etc - 1862 - 1066 pages
...unintentionally. The Judge certified (see s. 34 of the Common Law Procedure Act, 1860), that the action was not really brought to try a right, besides the mere right to recover damages, and that the action was not fit to he brought. Lucius Kelly now moved for n rule calling on the defendant... | |
 | Law - 1908 - 612 pages
...in the section, not one or two of them. The Judge must, therefore, certify that this action was not really brought to try a right besides the mere right to recover damages, and that the trespass or grievance in respect of which it was brought was not both wilful and malicious:... | |
 | Hugh Chisholm - Encyclopedias and dictionaries - 1910 - 1030 pages
...in an action of tort recovered less than 405., he was not allowed costs unless the judge certified that the action was really brought to try a right besides the right to recover damages, or that the injury was wilful or malicious. All these enactments have been... | |
 | Encyclopedias and dictionaries - 1910 - 1028 pages
...in an action of tort recovered less than 405., he was not allowed costs unless the judge certified that the action was really brought to try a right besides the right to recover damages, or that the injury was wilful or malicious. All these enactments have been... | |
 | Frederick Pollock, Robert Campbell, Oliver Augustus Saunders, Arthur Beresford Cane, Joseph Gerald Pease, William Bowstead - Law reports, digests, etc - 1912 - 1004 pages
...presiding officer *before whom such verdict [ *"•"> ] is obtained shall immediately afterwards certify on the back of the record, or on the writ of trial or writ of inquiry, that the action was not really brought to try a right besides the mere right to recover damages, and that the trespass... | |
 | Law reports, digests, etc - 1916 - 972 pages
...certify, m terms of section 40 of the Court of Session ActlSOS, that the action at his instance was brought to try a right besides the mere right to recover damages, being an action for the vindication of character, and cited the case of Craig v. Je.c-Bl<ike, 1871,... | |
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... that the action was really brought to try a right besides the mere right to recover damages for the trespass or grievance 'or which the action shall have been brought, or that the trespass or grievance in respect of which the action was brought, was... 
