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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.
T signifies Teind Court Decision.

R. and C.T.C. signifies Railway and Canal Traffic Cases.

ABBOT v. North British Railway Co., O 43
Advocate, H.M., v. Hetherington and Wilson,
J 90

Aktieselskabet "Fjord" of Kristiania, "Beech-
grove" Steamship Co. Ltd. v., L 214
Aldin v. Stewart, O 48, 239

Alexandra Golf Club, Buchanan v., S 94
Allardyce, Mitchell v., O 398

Boswall-Preston, Mackay v., 291
Boswell & Co. Ltd., Farrell v., S 242
Brown, Fowler v., O 297
Brown's Exr., Flett v., O 261
Brown's Trs. v. Gregson, 283
Brown's Trs. v. Thom, 278

Bruce Lindsay Brothers, Weir v., S 196
Buchanan v. Alexandra, Golf Club, S 94

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
Campbell, Cameron v., J 257
Carnegy v. Joseph, L 205

Avon Indiarubber Co. Ltd., Lawsons Ltd. v., Carron Co. v. Francis, 36
S 327

Ayr Harbour Trs., Milligan & Co. Ltd. v., 69
Ayr Magistrates, Glasgow and South-Western
Railway Co. v., O 187

BAIRD & CO. LTD., Mikuta v., 396

Clapperton, Dickie-Smith v., J 15

Clyde Soap Co., Guyot-Guenin & Son v., 244.
Clyde Spinning Co. Ltd., Gracie v., 46
Clydebank and District Water Trs. v. Fidelity
and Deposit Company of Maryland, L 357
Continental Chocolate Co., Hay v., S 98

Baird & Sons Ltd., Strathlorne Steamship Co. Cosmopolitan Insurance Corporation Ltd. Ltd. v., 78

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Dodds v., 106

Cotton's Trs. v. Farmer, L 2
Craig v. Pearson's Trs., O 183
Crawshay v. Duncan, J 13

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
v., O 360

Board of Agriculture for Scotland, MacIntyre v.,
O 198

Board of Agriculture for Scotland, Scott
Plummer v., 150

Davidson v. Scott, 55, 113
Dawson v. Giffen, 256

Dennistoun Sausage Works, Ralston v., 385
Dickie-Smith v. Clapperton, J 15

Dodds v. Cosmopolitan Insurance Corporation
Ltd., 106

Donaldson, Donaldson's Trs. v., L 250
Donaldson's Trs. v. Donaldson, 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
Edinburgh Magistrates, Evans v., 38
Empire Guarantee and Insurance Corporation
Ltd., Liquidators of, v. Owen & Sons Ltd., 77
English and Scottish Law Life Assurance
Association v. Wheatrigg Coal Co. Ltd., O 191
Evans v. Edinburgh Magistrates, 38

FARMER, Cotton's Trs. v., L 2
Farquharson's Trs.-Petrs., O 176
Farrell v. Boswell & Co. Ltd., S 242
Fidelity and Deposit Company of Maryland,
Clydebank and District Water Trs. v., L 357
Filshill v. Glasgow Stock Exchange Association,
L 115

Flett v. Brown's Exr., O 261

Ford Shipping Co. Ltd., Waterford and Duncan-
non Steamboat Co. Ltd. v., S 192
Forrest v. Scottish County Investment Co. Ltd.,
L 228

Fowler v. Brown, O 297
Francis, Carron Co. v., 36

Fraserburgh Harbour Commissioners v. Will, 302

Free Church of Scotland v. MacKnight's Trs.,

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Gregson, Brown's Trs. v., 283

Guyot-Guenin & Son v. Clyde Soap Co., 244

HALCROFT v. West-End Play House Ltd., 363
Hamilton, Robertson v., O 195
Hastie, Lindsay v., O 264, 266
Hay v. Continental Chocolate Co., S 98
Henderson v. M'Gown, O 316
Henderson, Milligan v., 156
Hetherington and Wilson, H.M. Advocate v.,
J 90

Hunter v. Methven & Sons, S 190
Hutchison, M'Kinnon v., 22

INLAND REVENUE, Glasgow Jews Congregation
Trs. V.,
V 169

Irvine v. Powrie's Trs., 108

JOHNSTON v. Laird & Son, O 24 Joseph, Carnegy v., L 205

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M'Rae v. Glasgow Corporation, O 94

Medhurst, Macdonald's Trs. v., 25
Menzies v. Poutz, 320

Methven & Sons, Hunter v., S 190
Mikuta v. Baird & Co. Ltd., 396

Miller, Rossi v., J 104

Milligan v. Henderson, 156

Milligan & Co. Ltd. v. Ayr Harbour Trs., 69
Mitchell v. Allardyce, O 398
Mitchell, Blair's Exrs. v., O 97
Montgomery, Gray v., J 101
Morrison, Morrison's Tr. v., O 296
Morrison's Tr. v. Morrison, O 296

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
Railway Co. v., O 271

North British Railway Co., Abbot v., O 43
North British Railway Co., Kelly v, 247
North British Railway Co. v. Niddrie and Benhar
Coal Co. Ltd., O 271

North of Scotland and Orkney and Shetland
Steam Navigation Co., Williamson v., O 165

OLIVER v. Oliver's Trs., O 262
Oliver's Trs., Oliver v., O 262

Owen & Sons Ltd., Liquidators of the Empire
Guarantee and Insurance Corporation Ltd. v.,

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.,
O 178

Sim v. Sim, O 201
Simpson v. Sinclair, 291
Sinclair, Simpson v., 291
Slimon v. Slimon's Trs., O 19
Slimon's Trs., Slimon v., O 19
Smith v. Rosenbloom, O 18
Stein & Co. Ltd., Kane v., 33
Stewart, Aldin v., O 48, 239
Stewart, M'Intyre v., 288
Stirling Stuart-Petr., O 260

Strathlorne Steamship Co. Ltd. v. Baird & Sons
Ltd., 78

TAYLOR, Buchanan v., 309
Thom, Brown's Trs. v., 278

Thomson v. Glasgow and South-Western Railway
Co., O 299

Thomson v. Watson Ltd., 246

WALLS PARISH COUNCIL, Zetland Procurator-
Waterford and Duncannon Steamboat Co. Ltd.
Fiscal v., S 185
v. Ford Shipping Co. Ltd., S 192
Watson Ltd., Thomson v., 246

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-
Western Railway Co. v., 273
Portpatrick and Wigtownshire Joint Committee,
Macfarlane v., S 266
Poutz, Menzies v., 320
Powrie's Trs., Irvine v., 108

RALSTON v. Dennistoun Sausage Works, 385
Robertson v. Hamilton, O 195
Robertson v. Robertson, O 96

Robinson v. National Bank of Scotland Ltd., 334
Rosenbloom, Smith v., O 18
Rossi v. Miller, J 104
Rowley v. Rowley, O 66

Welsh v. Glasgow Coal Co. Ltd., 123
West-End Play House Ltd., Halcroft v., 363
Wheatrigg Coal Co. Ltd., English and Scottish
Law Life Assurance Association v., O 191
White v. Avery Ltd., S 182

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.
T signifies Teind Court Decision.

R. and C.T.C. signifies Railway and Canal Traffic Cases.

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nuity; Directions to Trustees to
Apply half of Residue of the Trust
Estate in purchasing an annuity pay-
able to A. B.; Annuity declared to
be purely Alimentary and not assign-
able or alienable by A. B.; A. B.
surviving Truster but dying before
purchase of Annuity; Held that there
being no Provision for a continuing
Trust the Annuity was not alimentary
and that A. B.'s Executor was entitled
to unconditional payment of one-half
of the Residue. Hutchinson's Trs. v.
Young (1903, 6 F. 36) considered and
commented on. Brown's Exr. V.
Thom

See HUSBAND AND WIFE
ARBITRATION-Award; Reduction; Valua-

tion of Licensed Business; Arbiter
requesting Information as to Drawings
of Business; Conflicting Statement as
regards Drawings submitted by
Parties to the Arbiter; Award made

.

234

195

113

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182

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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

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-L.
ARRESTMENT Arrestment
to Found
Jurisdiction; Arrestable Interest;
Liability to Account; Funds in the
Hands of Testamentary Trustees;
Beneficiary's Whole Right and Interest
conveyed by Antenuptial Contract of
Marriage to Trustees for Payment to
her of the Annual Proceeds; Arrest-
ments laid on in the Hands of the
Testamentary Trustees subsequent to
the Intimation to them of the Contract
of Marriage; Held that the Arrest-
ments did not attach any Funds
belonging to the Beneficiary and were
ineffective to Found Jurisdiction.
Blair's Ears. v. Mitchell—0

Arrestment to Found Jurisdiction;
Arrestable Interest. See JURISDIC-
TION-0.

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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;

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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

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