The Scots Law Times, Volume 1C.E. Green, 1920 - Law |
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Page 15
... damages would lie for a breach thereof . Looking to the terms of subsection 1 ( 3 ) I think there is no room in this case for the plea of personal bar . The only remaining question is whether the fact that the pursuer let the house in ...
... damages would lie for a breach thereof . Looking to the terms of subsection 1 ( 3 ) I think there is no room in this case for the plea of personal bar . The only remaining question is whether the fact that the pursuer let the house in ...
Page 17
... damages in the event of his failure to implement his bargain with her . In these circumstances the pursuer brought this action to compel the defender to leave the house . The Sheriff - Substitute granted decree , but the Sheriff on ...
... damages in the event of his failure to implement his bargain with her . In these circumstances the pursuer brought this action to compel the defender to leave the house . The Sheriff - Substitute granted decree , but the Sheriff on ...
Page 25
... damages at instance of mother as individual and as tutrix for pupil children - Tender of slump sum - Acceptance - Held that the pursuer could not competently settle the action without apportioning the sum tendered amongst herself and ...
... damages at instance of mother as individual and as tutrix for pupil children - Tender of slump sum - Acceptance - Held that the pursuer could not competently settle the action without apportioning the sum tendered amongst herself and ...
Page 26
... damages pro rata according to the conclusion of the summons . Settlements were always favoured by the Courts . The following authorities were referred to : Jaffray v . Simpson , 1835 , 13 S. 1122 ; Dumbreck v . Stevenson , 1861 , 4 Macq ...
... damages pro rata according to the conclusion of the summons . Settlements were always favoured by the Courts . The following authorities were referred to : Jaffray v . Simpson , 1835 , 13 S. 1122 ; Dumbreck v . Stevenson , 1861 , 4 Macq ...
Page 31
... damages for £ 57 , 10s . , " together with a further sum at the rate of £ 1 sterling per week , from the date of citation . . . till pay- ment . " The pursuer averred that he was in the em- ployment of a farmer at Kingussie who had the ...
... damages for £ 57 , 10s . , " together with a further sum at the rate of £ 1 sterling per week , from the date of citation . . . till pay- ment . " The pursuer averred that he was in the em- ployment of a farmer at Kingussie who had the ...
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Common terms and phrases
1ST DIV 2ND DIV accordingly action Agents agreement amount appears appellants apply Argentine Argued arrestment averments burgh carpet charge charter-party claim clause coal collision compensation complaint conclusion contract Counsel course Court of Session creditors decision declarator decree defender's defenders dividend duty Edinburgh Eidsvaag entitled fact February Feniscliffe Gala Glasgow grease-box ground heir of entail held heritor house porter inter alia interest interlocutor judgment jurisdiction land liable liferent Lord Advocate Lord Dundas Lord Moncreiff Lord Ordinary Lord President Lords Mackenzie Lordships marriage Martinmas matter ment one-fifth opinion OUTER HOUSE owner paid parties payment person petition petitioner present provisions pursuer question referred regard rent respect respondent Scotland shares Sheriff Court Sheriff Courts Scotland Sheriff-Substitute shew ship Smith statute statutory stipend Summary Jurisdiction Scotland supervenient tenant testator tion trustees valuation valued teind vessel words
Popular passages
Page 172 - Article 29. Nothing in these rules shall exonerate any vessel, or the owner, or master, or crew thereof, from the consequences of any neglect to carry lights or signals, or of any neglect to keep a proper lookout, or of the neglect of any precaution which may be required by the ordinary practice of seamen, or by the special circumstances of the case. On
Page 84 - the measure of damages is the estimated loss directly and naturally resulting in the ordinary course of events from the buyer's breach of contract." I agree to the motion proposed from the Woolsack. Viscount
Page 271 - any Court to entertain any legal proceeding instituted with the object of directly enforcing or recovering damages for the breach of any of the following agreements, namely .... 2. Any agreement for the payment by any person of any subscription or penalty to a trade union.
Page 172 - Article 19. When two steam vessels are crossing, so as to involve risk of collision, the vessel which has the other on her own starboard side shall keep out of the
Page 15 - No order for the recovery of possession of a dwelling-house to which this Act applies or for the ejectment of a tenant therefrom shall be made so long as the tenant continues to pay rent at the agreed rate as modified by the Act and performs the other conditions of the tenancy, except on the
Page 147 - The grammatical and ordinary sense of the words is to be adhered to, unless that would lead to some absurdity or some repugnance or inconsistency with the rest of the instrument, in which case the grammatical and ordinary sense of the words may be modified so as to avoid that absurdity and inconsistency, but no further.
Page 162 - entitled to such money. Section 68. Such money may be so applied as aforesaid upon an Order of the Court of Session, made on the petition of the party who would have been entitled to the rents and profits of the lands in respect of which such money shall have been deposited Section
Page 17 - no order for recovery of possession of a dwelling-house to which this Act applies or for the ejectment of a tenant therefrom shall be made so long as the tenant continues to pay rent at the agreed rate and performs the other conditions of the tenancy,
Page 147 - is to be adhered to, unless that would lead to some absurdity or some repugnance or inconsistency with the rest of the instrument, in which case the grammatical and ordinary sense of the words may be modified so as to avoid that absurdity and inconsistency, but no further." I refer also to Bell's Principles, section 524, and 1
Page 172 - 23. Every steam vessel which is directed by these rules to keep out of the way of another vessel shall, on approaching her, if necessary, slacken her speed, or stop, or reverse. Article