Reports of Scotch Appeals and Writs of Error: Together with Peerage, Divorce, and Practice Cases, in the House of Lords [1851--1865], Volume 1T. & T. Clark, 1855 - Appellate procedure |
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Common terms and phrases
able-bodied Act of Parliament affirmed alleged Appellant Appellant's apply argument burgh charter claim contract counsel Court of Session Crown customs decided decision declared deed Defender divorce domicile doubt Duke Dukedom Earl of Glencairn EARLDOM OF PERTH Edinburgh entitled evidence executors fact father favour Fitzroy Kelly fraud freight GEILS grant ground heirs held House of Lords interlocutor issue James judgment jurisdiction jury Kerr land law of Scotland learned friend learned Judge legitimate Leonards letters LINLITHGOW Lord Advocate Lord BROUGHAM Lord Brougham's opinion Lord Chancellor's opinion Lord Justice-Clerk Lord Ordinary Lord St Lord Truro's opinion Lordships marriage ment MONTROSE PEERAGE noble and learned obligation Orr & Barber parish parties payment persons petition present proceedings Pursuer question Railway referred relief respect Respondent Robert Patrick rule Scotch Poor-Law SHEDDEN statute supposed suprà tion Town Council trustees verdict William Patrick William Shedden
Popular passages
Page 667 - But when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Page 467 - And it is a rule of universal application, that no one, having such duties to discharge, shall be allowed to enter into engagements in which he has, or can have, a personal interest conflicting, or which possibly may conflict, with the interests of those whom he is bound to protect.
Page 457 - So strictly is this principle adhered to, that no question is allowed to be raised as to the fairness or unfairness of a contract so entered into.
Page 283 - ... lawful for him to give notice in writing to the promoters of the undertaking of such his desire, stating in such notice the nature of the interest...
Page 810 - Such agents have duties to discharge of a fiduciary nature towards their principal, and it is a rule of universal application, that no one having such duties to discharge shall be allowed to enter into engagements in which he has or can have a personal interest conflicting, or which possibly may conflict with the interests of those whom he is bound to protect.
Page 283 - Undertaking be willing to pay the Amount of Compensation so claimed, and enter into a written Agreement for that Purpose, they shall, within Twenty-one Days after the Receipt of such Notice, issue their Warrant to the Sheriff to summon a Jury for settling the same in the Manner herein provided, and in default thereof they shall be liable to pay to the Party so entitled as aforesaid the Amount of Compensation so claimed, and the same may be recovered by him, with Costs, by Action in any of the Superior...
Page 741 - If the owner of the carriage is therefore responsible for the sufficiency of his carriage to his servant, he is responsible for the negligence of his coachmaker, or his harnessmaker, or his coachman. The footman, therefore, who rides behind the carriage, may have an action against his master for a defect in the carriage owing to the negligence of the coachmaker, or for a defect in the harness arising from the negligence of the harnessmaker, or for drunkenness, neglect, or want of skill in the coachman...
Page 283 - ... and unless the promoters of the undertaking be willing to pay the amount of compensation so claimed, and...
Page 174 - Majesty findes to be altogether against law, conscience, and equity : Therefore His Majesty, with advice and consent of the Estates of Parliament, finds and declares that all executors already nominate in any testament not as yet confirmed, or to be nominate in any testament to be made hereafter, are, and shall be obliged to make count, reckoning, and payment of the whole goods and geare appertaining to the defunct, and...
Page 468 - It may sometimes happen that the terms on which a trustee has dealt or attempted to deal with the estate or interests of those for whom he is a trustee, have been as good as could be obtained from any other person ; they may even at the time have been better. "But still so inflexible is the rule that no inquiry on that subject is permitted.