The Scots Law Times, Volume 1C.E. Green, 1918 - Law |
From inside the book
Results 1-5 of 87
Page 10
... decree of absolvitor was res judicata and barred the con- claim put forward in the previous action - Held that the tractors ' claim in the arbitration except in respect of the items specially reserved in the decree . there was not here ...
... decree of absolvitor was res judicata and barred the con- claim put forward in the previous action - Held that the tractors ' claim in the arbitration except in respect of the items specially reserved in the decree . there was not here ...
Page 11
... decree as concluded for . " 3. The contract founded upon by the defenders is inapplicable as the basis of charge for the work executed by the pursuers , and is no longer binding upon the pursuers , in respect ( a ) that said contract ...
... decree as concluded for . " 3. The contract founded upon by the defenders is inapplicable as the basis of charge for the work executed by the pursuers , and is no longer binding upon the pursuers , in respect ( a ) that said contract ...
Page 12
... decree of absolvitor Western pronounced in favour of the railway company under Railway the said order of the House of Lords , dated 1st March Co. v . Boyd & Forrest . 1915 . December 14 , 1917 . The Lord Ordinary ( Lord Dewar ) , by the ...
... decree of absolvitor Western pronounced in favour of the railway company under Railway the said order of the House of Lords , dated 1st March Co. v . Boyd & Forrest . 1915 . December 14 , 1917 . The Lord Ordinary ( Lord Dewar ) , by the ...
Page 13
... decree or order as if they were . The Lord Ordinary says that the decisions in the original action proceeded on the ... decree of absolvitor is a decree by which the merits of the action are finally determined in favour of the defender ...
... decree or order as if they were . The Lord Ordinary says that the decisions in the original action proceeded on the ... decree of absolvitor is a decree by which the merits of the action are finally determined in favour of the defender ...
Page 14
... decree of absolvitor be without prejudice to the right of the respondents . in the original appeal , and it is hereby declared that the respondents in the original appeal are to have the right , if so advised , to refer to the arbiter ...
... decree of absolvitor be without prejudice to the right of the respondents . in the original appeal , and it is hereby declared that the respondents in the original appeal are to have the right , if so advised , to refer to the arbiter ...
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Common terms and phrases
1ST DIV accident action Agents agricultural annual value appears appellants apply arbitrator Assessor authority averments bequest charge circumstances claim clause codicil compensation conclusion contract Crown of Cordova decision decree defenders domicile Dunedin duty employment entitled entry evidence excision fact fair rent favour February feu-duty granted grassum ground held holding HOUSE infeftment interlocutor January judgment Land Court Landholders lease Loch Ashie Lord Advocate Lord Johnston Lord Ordinary Lords Dundas Lordships March March 28 Martinmas ment mid-superiority Military Service Act minerals opinion Order OUTER HOUSE Panel Committee parties payable payment person plea in law premises present proprietors purposes reason reclaiming referred regard residue respect respondent Scotland share Sheriff Sheriff Court Sheriff-Substitute shew ship singular successor Small Landholders Scotland statute statutory subfeu subfeu-duty superior teinds tenant testator tion trustees ultra vires Valuation vassal year's rent
Popular passages
Page 5 - ... as if the disease were a personal injury by accident and the disablement were the happening of the accident...
Page 6 - The compensation shall be recoverable from the employer who last employed the workman during the said twelve months in the employment to the nature of which the disease was due...
Page 277 - means a letting of or agreement for the letting land for a term of years, or for lives, or for lives and years, or from year to year...
Page 48 - The action, prosecution or proceeding shall not lie or be instituted unless it is commenced within six months next after the act, neglect or default complained of, or in case of a continuance of injury or damage, within six months next after the ceasing thereof...
Page 3 - If the disease is of such a nature as to be contracted by a gradual process, any other employers who during the said twelve months employed the workman in the employment to the nature of which the disease was due...
Page 6 - Provided that — (i) the workman or his dependants if so required shall furnish that employer with such information as to the names and addresses of all the other employers who employed him in the employment during the said twelve months as he or they may possess, and, if such information is not furnished, or is not sufficient to enable that employer to take proceedings under the next following proviso, that employer upon proving that the disease was not contracted whilst the workman was in his...
Page 276 - ... means any parcel of land held by a tenant, which is either wholly agricultural or wholly pastoral, or in part agricultural and as to the residue pastoral, or in whole or in part cultivated as a market garden, and which is not let to the tenant during his continuance in any office, appointment, or employment held under the landlord...
Page 3 - The employer to whom notice of the death, disablement, or suspension is to be given shall be the employer who last employed the workman during the said twelve months in the employment to the nature of which the disease was due, and the notice may be given notwithstanding that the workman has voluntarily left his employment.
Page 14 - And it is further ordered that the said cause be, and the same is hereby, remitted back to the Court of Session in Scotland to do therein as shall be just and consistent with this judg.ment...
Page 48 - Where after the commencement of this Act any action, prosecution, or other proceeding is commenced in the United Kingdom against any person for any act done in pursuance, or execution, or intended execution of any Act of Parliament, or of any public duty or authority, or in respect of any alleged neglect or default in the execution of any such act, duty, or authority...