Reports of Cases Upon Appeals and Writs of Error in the House of Lords: And Decided During the Sessions 1827 [-1832.], Part 130, Volume 2J. & W. T. Clarke, 1832 - Law reports, digests, etc |
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Page 54
... action for the actual damage sustained by reason of such neglect , and even in an action for his costs , such neglect , though of the grossest kind , could not be made a defence to the action . --- Fourthly . But even supposing the ...
... action for the actual damage sustained by reason of such neglect , and even in an action for his costs , such neglect , though of the grossest kind , could not be made a defence to the action . --- Fourthly . But even supposing the ...
Page 60
... action of multiple poinding raised by James Pedie , writer to the signet , for the purpose of ascertaining those shares of the price of an heritable property at Broughton , in the neighbourhood of Edinburgh , for which the Appellant and ...
... action of multiple poinding raised by James Pedie , writer to the signet , for the purpose of ascertaining those shares of the price of an heritable property at Broughton , in the neighbourhood of Edinburgh , for which the Appellant and ...
Page 69
... action was what is called an action of multiple and others poinding , corresponding in a great measure to our bill of interpleader ; and the most accurate notion I can convey of it to your Lordships is this : a person is indebted to one ...
... action was what is called an action of multiple and others poinding , corresponding in a great measure to our bill of interpleader ; and the most accurate notion I can convey of it to your Lordships is this : a person is indebted to one ...
Page 72
... action is competent , even to executors wadsets ; " loosed by requisition ; & c . 2. That as to these qua- " lities of moveable or heritable , in relation to succes- sion , the animus of the creditor was principally to be " considered ...
... action is competent , even to executors wadsets ; " loosed by requisition ; & c . 2. That as to these qua- " lities of moveable or heritable , in relation to succes- sion , the animus of the creditor was principally to be " considered ...
Page 81
... action to reduce it ; but an- ticipating that the trustees would rely in their defence on the discharge contained in their post - nuptial con- tract of the 16th December 1788 , they included both deeds in their summons of reduction ...
... action to reduce it ; but an- ticipating that the trustees would rely in their defence on the discharge contained in their post - nuptial con- tract of the 16th December 1788 , they included both deeds in their summons of reduction ...
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Common terms and phrases
affirmed afterwards agent alleged Appellant assigned auction duty bailiffs Banagher bankrupt bill bond borough aforesaid burgesses bye-law claim consideration convey conveyance Court of Chancery Court of Equity Court of Exchequer Court of Session creditors Crown death debts declared decree deed Defendants in Error directed discharge duly DUNDAS effect election Elphin English enrolled entitled equity evidence executed executors Fausset favour fraud grant heirs Henry Compton Henry Fauntleroy heritable HONYMAN House of Lords infeftment interest interlocutor issue John Ewen Judges judgment jury Kilglass Lady lands lease Lord Chancellor Lord Ordinary Lordships Loughrea Lysaght Maccabe MACDOUGALL Macneil marriage mayor ment mortgagee Nicol opinion paid parties Patrick Considine payment peerage person Plaintiff in Error plea present purchase PURRIER Pursuer question rent respect Respondent ROWAND Scotch Scotland settlement statute tenant term testator thereof tion tithes trust-deed trustees vicarage WARBURTON whole wife
Popular passages
Page 491 - And then the office of all the Judges is always to make such construction as shall suppress the mischief, and advance the remedy, and to suppress subtle inventions and evasions for continuance of the mischief, and pro privato commodo, and to add force and life to the cure and remedy, according to the true intent of the makers of the Act, pro bono publico.
Page 43 - ... was served, and that no sufficient distress was to be found on the demised premises countervailing the arrears then due, and that the lessor...
Page 42 - in all cases between landlord and tenant, as often as it shall happen that one half year's rent shall be in arrear, and the landlord or lessor, to whom the same is due, hath right by law to re-enter for the non-payment thereof, such landlord or lessor shall and may, without any formal demand or re-entry, serve a declaration in ejectment for the recovery of the demised premises...
Page 78 - Not-payment of the same, and that at Two Terms in the Year, Whitsunday and Martinmas, by equal Portions...
Page 158 - Court did reserve the consideration of all further directions, and of the costs of this suit, until after the said Master...
Page 77 - Representatives whomsoever, without the necessity of discussing them in their order, to repay to the said...
Page 329 - To hold the same unto her my said Wife and her Assigns, for and during the term of her natural life...
Page 491 - The true reason of the remedy; and then the office of all the judges is always to make such construction as shall suppress the mischief, and advance the remedy...
Page 193 - ... and it was referred to the Master to take an account of the personal estate, and also to state out of what estate she was dowable.
Page 219 - no action shall be brought whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person, unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.