INDEX OF CASES ACCORDING TO NAMES OF PARTIES. Note. The figures refer to the number of the Page, and not to the number of the Case. L signifies House of Lords Decision. O signifies Outer House or Bill Chamber Decision. S signifies Sheriff Court Decision. J signifies Justiciary Court Decision. C.A. signifies Criminal Appeal Court Decision. R signifies Registration Appeal Court Decision. V signifies Lands Valuation Appeal Court and Valuation Appeal Court Decision. R. and C.T.C. signifies Railway and Canal Traffic Cases. ABBOT v. North British Railway Co., O 43 Aktieselskabet "Fjord" of Kristiania, "Beech- Alexandra Golf Club, Buchanan v., S 94 Boswall-Preston, Mackay v., 291 Bruce Lindsay Brothers, Weir v., S 196 Alston v. Nellfield Manure and Chemical Co. Ltd., Buchanan v. Taylor, 309 50 Argylls Ltd., M'Laren's Trs. v., 241 Avery Ltd., White v., S 182 Avery Ltd., White v., 374 CAMERON v. Campbell, J 257 Avon Indiarubber Co. Ltd., Lawsons Ltd. v., Carron Co. v. Francis, 36 Ayr Harbour Trs., Milligan & Co. Ltd. v., 69 BAIRD & CO. LTD., Mikuta v., 396 Clapperton, Dickie-Smith v., J 15 Clyde Soap Co., Guyot-Guenin & Son v., 244. Baird & Sons Ltd., Strathlorne Steamship Co. Cosmopolitan Insurance Corporation Ltd. Ltd. v., 78 Dodds v., 106 Cotton's Trs. v. Farmer, L 2 Bertram & Son Ltd., Leith Magistrates v., O DAVIDSON, Gallagher v., J 9 193 Blair's Exrs. v. Mitchell, O 97 Board of Agriculture for Scotland, Glendinning Board of Agriculture for Scotland, MacIntyre v., Board of Agriculture for Scotland, Scott Davidson v. Scott, 55, 113 Dennistoun Sausage Works, Ralston v., 385 Dodds v. Cosmopolitan Insurance Corporation Donaldson, Donaldson's Trs. v., L 250 1 Doughty, M'Callum v., J 60 Duncan, Crawshay v., J 13 Duncan, etc.-Petrs., O 50 Gray v. Glasgow Corporation, O 203 Gray v. Montgomery, J 101 Greenshields, Greenshields' Trs. v., O 189 Duncanson v. Scottish County Investment Co. Greenshields' Trs. v. Greenshields, O 189 Ltd., 115 EADIE v. Glasgow Corporation, 365 FARMER, Cotton's Trs. v., L 2 Flett v. Brown's Exr., O 261 Ford Shipping Co. Ltd., Waterford and Duncan- Fowler v. Brown, O 297 Fraserburgh Harbour Commissioners v. Will, 302 Free Church of Scotland v. MacKnight's Trs., Gregson, Brown's Trs. v., 283 Guyot-Guenin & Son v. Clyde Soap Co., 244 HALCROFT v. West-End Play House Ltd., 363 Hunter v. Methven & Sons, S 190 INLAND REVENUE, Glasgow Jews Congregation Irvine v. Powrie's Trs., 108 JOHNSTON v. Laird & Son, O 24 Joseph, Carnegy v., L 205 M'Rae v. Glasgow Corporation, O 94 Medhurst, Macdonald's Trs. v., 25 Methven & Sons, Hunter v., S 190 Miller, Rossi v., J 104 Milligan v. Henderson, 156 Milligan & Co. Ltd. v. Ayr Harbour Trs., 69 NATIONAL BANK OF SCOTLAND LTD., Robinson V., 334 National Provident Institution v. M'Leod, O 328 Nellfield Manure and Chemical Co. Ltd., Alston v., 50 Niddrie and Benhar Coal Co. Ltd., M'Kenna v., 234 Niddrie and Benhar Coal Co. Ltd., North British North British Railway Co., Abbot v., O 43 North of Scotland and Orkney and Shetland OLIVER v. Oliver's Trs., O 262 Owen & Sons Ltd., Liquidators of the Empire 77 Rowtor Steamship Co. Ltd. v. Love & Stewart Ltd., 386 SCHULZE v. Bensted, 382 Scott, Davidson v., 55, 113 Scott Plummer v. Board of Agriculture for Scotland, 150 Scottish County Investment Co. Ltd., Duncanson v., 115 Scottish County Investment Co. Ltd., Forrest v., L 228 Scottish Insurance Commissioners, Paterson v., Sim v. Sim, O 201 Strathlorne Steamship Co. Ltd. v. Baird & Sons TAYLOR, Buchanan v., 309 Thomson v. Glasgow and South-Western Railway Thomson v. Watson Ltd., 246 WALLS PARISH COUNCIL, Zetland Procurator- PATERSON v. Scottish Insurance Commissioners, Weir v. Bruce Lindsay Brothers, S 196 O 178 Pearson's Trs., Craig v., O 183 Polquhairn Coal Co. Ltd., Glasgow and South- RALSTON v. Dennistoun Sausage Works, 385 Robinson v. National Bank of Scotland Ltd., 334 Welsh v. Glasgow Coal Co. Ltd., 123 White v. Avery Ltd., 374 Whitehill v. Glasgow Corporation, 174 Will, Fraserburgh Harbour Commissioners v., 302 Williamson v. North of Scotland and Orkney and Shetland Steam Navigation Co, O 165 Wilson, Hetherington and, H.M. Advocate v., J 90 ZETLAND PROCURATOR-FISCAL v. Walls Parish Counci1, S 185 INDEX OF CASES ACCORDING TO SUBJECT-MATTER. Note.-The figures refer to the number of the Page, and not to the number of the Case. L signifies House of Lords Decision. O signifies Outer House or Bill Chamber Decision. S signifies Sheriff Court Decision. J signifies Justiciary Court Decision. C.A. signifies Criminal Appeal Court Decision. R signifies Registration Appeal Court Decision. V signifies Lands Valuation Appeal Court and Valuation Appeal Court Decision. R. and C.T.C. signifies Railway and Canal Traffic Cases. nuity; Directions to Trustees to See HUSBAND AND WIFE tion of Licensed Business; Arbiter . 234 195 113 182 191 278 281 by Arbiter without Proof as to Drawings; Circumstances in which held the Award was invalid. Henderson v. M'Gown-O . ARCHITECT-Powers of. See CONTRACT -L. Arrestment to Found Jurisdiction; 316 228 97 18 ASSIGNATION-continued. to advance to Beneficiaries one-half of their Provisions; Beneficiary subsequently withdrawing Sums from Trust in excess of his Interest and Indebted to the Trust at his Death; Held that the Assignees were entitled to Payment of the Sum of £1000 and to rank pari passu with the other Beneficiaries. Macpherson's Judicial Factor v. Mackay BANKRUPTCY Recall of Sequestration; Bankruptcy (Scotland) Act 1913, s. 30; Sequestration granted by Lord. Ordinary; Petition for Recall before another Lord Ordinary; Second Lord Ordinary refusing to reconsider Decision of First Lord Ordinary; Observed by the Lord President that it was the duty of the second Lord Ordinary to deliver an independent Judgment on the merits of the Petition for Recall. Menzies v. Poutz Sequestration; Act 1661, C. 24; Bankruptcy (Scotland) Act 1913, s. 97; Sequestration of Estates of Deceased Debtor; Debtor bequeathing whole Estate to his wife; Wife confirmed Executrix and making up Title to Heritage; Wife's Estates sequestrated more than Three Years. after her Husband's Death; Held that standing the Sequestration of the Wife's Estates Sequestration of the Estates of her deceased Husband was incompetent. Menzies v. Poutz. BAR-See REPARATION-O . PAGE CARRIAGE-continued. 110 320 320 48, 239 See WORKMEN'S COMPENSATION-O 48, 239 BURGH Accounts; Common Good; Glasgow Corporation Act 1909, ss. 5, 6; Petition by Electors to Sheriff; Petition concluding for Declarator that Petitioners were entitled to inspect "just and accurate" Accounts of Common Good shewing Purposes to which Revenue applied, and also for Decree ordaining the Corporation to produce such detailed Accounts of Certain Items in their Abstract of Accounts as would enable the Petitioners to Ascertain the Purpose to which Revenue applied and the Legality or otherwise of the Expenditure; Held (diss. Lord Salvesen) that the Petition Incompetent and should be dismissed. Eadie v. Glasgow Corporation BYE-LAWS-Bye-law; Construction; closing Hours of Places of Public Refreshment. See JUSTICIARY CASES CARRIAGE-Carriage of Goods. See RAILWAY-S. 365 15 266 See RAILWAY-O Carriage of Passengers; Ship; Contract; Passenger Steamship Company issuing Return Tickets having Condition printed across Face of Ticket that Company would not be Liable for Accident to Passengers Passengers however caused; Tickets sold on board after Vessel left port; Circumstances in which held that the Defenders had not given Reasonable Notice of the Condition, and that it was not binding on the Passenger. Williamson v. North of Scotland and Orkney and Shetland Steam Navigation Co.-O CAUTION-Caution for Expenses; Reclaiming Note. See PROCESS Cautionary Obligation; Construction; Guarantee against Loss to Employers through Failure of Contractors to Execute a Contract for Laying of Pipes; Guarantee providing that Cautioner should be Notified of any non-observance by Contractors of any Stipulation of the Contract which might Involve a Loss for which the Cautioner was Responsible; Notification made a Condition Precedent to Employers recovering under the Guarantee; Contractors falling into Arrear; No Notice sent by Employers to Cautioner that Contractors were in Arrear; Contractors becoming Bankrupt and Contract Completed by Employers; Circumstances in which held that the Employers were not Entitled to Recover their Loss from the Cautioners. Clydebank and District Water Trs. v. Fidelity and Deposit Company of Maryland-L Expenses. See EXPENSES-O CLUB-Registration; Sale of Liquor. See JUSTICIARY CASES COMPANY-Insurance Company; Liquidation. See INSURANCE Railway Company; Deferred Stock; Dividend; Glasgow and SouthWestern Railway Act 1876, c. liii.; Railway Companies (Accounts and Returns) Act 1911, c. 34; Deferred Stock entitled to participate in Surplus Dividends after 5 per cent. paid on Ordinary Stock; Interim Dividend of 3 per cent. for first half-year paid on Ordinary Stock, and final Dividend of 6 per cent. paid for the second half- year; Circumstances in which held that the half-yearly dividends. declared were separate dividends, and that a holder of Deferred Stock was entitled to participate in the second half-yearly dividend so far as in PAGE 271 165 291 357 24 9 77 |