The Scots Law Times, Volume 2C.E. Green & Son, Limited, 1915 - Law |
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Page 15
... pursuer's averments which at least approached so nearly to the border line of relevancy . The pursuer's main argument was directed to shew that the case was one of a trap or dangerous allurement , and fell within the rule of Cooke v ...
... pursuer's averments which at least approached so nearly to the border line of relevancy . The pursuer's main argument was directed to shew that the case was one of a trap or dangerous allurement , and fell within the rule of Cooke v ...
Page 18
... pursuer must prove that property of the defender in the hands of a third party had actually been attached - Proof before answer allowed . Lily Smith raised an action of damages for slander against Lily Rosenbloom , 7 Harper Street ...
... pursuer must prove that property of the defender in the hands of a third party had actually been attached - Proof before answer allowed . Lily Smith raised an action of damages for slander against Lily Rosenbloom , 7 Harper Street ...
Page 19
... pursuer founded upon the recent case of Riley v . Ellis ( 1910 S.C. 934 ) ; but that case did not deal with founding jurisdiction against a foreigner by arrestment . I think that the pursuer must establish that she actually attached ...
... pursuer founded upon the recent case of Riley v . Ellis ( 1910 S.C. 934 ) ; but that case did not deal with founding jurisdiction against a foreigner by arrestment . I think that the pursuer must establish that she actually attached ...
Page 20
... pursuer by the said trust disposition and settlement and codicils is in- effectual , and the pursuer is entitled to decree of declarator and accounting as concluded for . " 5. The said power of postponement not being applicable to the ...
... pursuer by the said trust disposition and settlement and codicils is in- effectual , and the pursuer is entitled to decree of declarator and accounting as concluded for . " 5. The said power of postponement not being applicable to the ...
Page 21
... pursuer con- tended that the position of a grandchild is different from that of a child , and that it is only in the case of the latter that the trustees are entitled to settle the fee upon the children of the beneficiary . I think ...
... pursuer con- tended that the position of a grandchild is different from that of a child , and that it is only in the case of the latter that the trustees are entitled to settle the fee upon the children of the beneficiary . I think ...
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Common terms and phrases
2ND DIV accident accordingly action Advocate Agents amount appears apply appointed arbitrator averments bank burgh Burgh Police Scotland Captain cargo charge claim clause clerk club coal Compensation Act 1906 contract Court of Session damages death decision defenders duty Edinburgh employment entitled evidence fact Faculty Faculty of Advocates Glasgow harbour heirs male held hold House House of Lords improvement interlocutor James John judges judgment July June land landlord lease liable Lieutenant Lord Dundas Lord Johnston Lord Ordinary Lord President Lordships M'Arthur Major Harley Martinmas ment Messrs Inglis North British Railway November October opinion OUTER HOUSE owner parties payment person pilot present provisions question reason referred regard respect respondent Royal Scots schedule Scotland Scots Law Scottish sequestration share Sheriff Court Sheriff-Substitute shew ship solicitor statute statutory temporary pasture tenant tenements tion trustees Vict
Popular passages
Page 213 - Act provides that no owner or master of any ship shall be answerable to any person whatever for any loss or damage occasioned by the fault or incapacity of any qualified pilot acting in charge of such ship within any district where the employment of a pilot is compulsory by law.
Page 42 - The ruling was in form that there was no evidence of negligence to go to the jury...
Page 335 - First, in order to sustain an action of deceit, there must be proof of fraud, and nothing short of that will suffice. Secondly, fraud is proved when it is shown that a false representation has been made (1) knowingly, or (2) without belief in its truth, or (3) recklessly, careless whether it be true or false.
Page 125 - I come therefore to the conclusion that the expression 'accident' is used in the popular and ordinary sense of the word as denoting an unlooked-for mishap or an untoward event which is not expected or designed.
Page 123 - Nothing in this section shall affect the rights of a workman to recover compensation in respect of a disease to which this section does not apply, if the disease is a personal injury by accident within the meaning of this act.
Page 287 - Grant was caused by an injury by accident arising out of and in the course of his employment within the meaning of the said Act?
Page 349 - Secondly, every man must be held responsible for the consequences of a false representation made by him to another, upon which a third person acts, and so acting, is injured or damnified, provided it appear that such false representation was made with the intent that it should be acted upon by such third person in the manner that occasions the injury or loss.
Page 291 - He must go further and must say, 'The accident arose because of something I was doing in the course of my employment or because I was exposed by the nature of my employment to some peculiar danger.
Page 291 - I think, to the origin or cause of the accident; the words 'in the course of to the time, place, and circumstances under which the accident takes place.
Page 13 - Provided always, that any Person charged with any such Trespass shall be at liberty to prove, by way of Defence, any Matter which would have been a Defence to an Action at Law for such Trespass...