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
Michael Anderson, 1840 - Law reports, digests, etc
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Act of Parliament action admitted advocator agent Alexander alleged annuity appears appellant applied bill bond circumstances claim clause competent considered contract Court of Session creditors death debt decerns decision declared decree deed defender deponent Dickie disposed disposition doubt effect entitled evidence ex facie executed expenses fact father favour foresaid Fraser funds Fyffe Glasgow granted ground Hamilton heen heirs-male held heritable House of Lords infeftment interdict interest interlocutor James John Judges judgment jury lands letter liable libelled Lord Advocate Lord Chancellor Lord Ordinary Lordships Magistrates marriage Martinmas ment objection obligation opinion paid parish parties patron payment person plea possession presbytery present presentee proceedings provision purpose pursuer question reclaimed reference remitted respect respondent Scotland settlement Sheriff Statute summons tailzie tbat tbey teinds thereof tion trustees Whitsunday whole wife
Page 53 - Assembly declare, that it is a fundamental law of this Church, that no Pastor shall be intruded on any Congregation contrary to the will of the people...
Page 40 - Protestants) and the elders are to name and propose the person to the whole congregation, to be either approven or disapproven by them, and if they disapprove, that the disapproves give in their reasons to the effect the affair may be cognosced upon by the presbytery of the bounds, at whose judgment and by whose determination the calling and entry of a particular minister is to be ordered and concluded...
Page 42 - ... it was provided, that, if the presentee of a patron should be refused to be admitted by the inferior ecclesiastical authorities, it should be lawful for the patron ' to appeal to the General Assembly of the whole realm, by whom the cause being decided, shall take end as they decern and declare.
Page 99 - London, (the act of God, the queen's enemies, fire, and all and every other dangers and accidents of the seas, rivers, and navigation, of whatever nature and kind soever, excepted,) unto order or to assigns, he or they paying freight for the said goods at 51.
Page 87 - ... or her contract (such contract being in writing and signed by the contracting parties), or having entered into such service, shall absent himself...
Page 224 - Title, to be lodged, and remits the same, when lodged, to the Auditor to tax and report.
Page 165 - ... that British subjects who now hold lands in the territories of the United States, and American citizens who now hold lands in the dominions of His Majesty, shall continue to hold them according to the nature and tenure of their respective estates and titles therein; and may grant, sell or devise the same to whom they please, in like manner as if they were natives and that neither they nor their heirs or assigns shall, so far as may respect the said lands and the legal remedies incident thereto,...
Page 49 - Commons would refuse to attend to a prohibition from the Court of King's Bench ; you might as well suppose that the Court of Session when you remit a cause with orders to alter the judgment would refuse to alter it.
Page 70 - An agreement entered Into upon a supposition of a right, or of a doubtful right, though it after comes out that the right was on the other side, shall be binding, and the right shall not prevail against the agreement of the parties ; for the right must always be on one side or the other, and therefore the compromise of a doubtful right is a sufficient foundation of an agreement.