The Journal of Jurisprudence, Volume 18T.T. Clark, 1874 - Law |
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Results 1-5 of 77
Page 5
Effect of a tender upon expenses . - The general rule with regard to tenders is , that " if a party tender a sum , and the tender be rejected , and less be found due , the party making the tender should get his expenses " subsequent to ...
Effect of a tender upon expenses . - The general rule with regard to tenders is , that " if a party tender a sum , and the tender be rejected , and less be found due , the party making the tender should get his expenses " subsequent to ...
Page 14
... regard to the mode of trial , the most important innovation is the provision for official assessors in technical questions . Upon this matter observe that actions may be tried before a judge or judges , or a judge with assessors , or a ...
... regard to the mode of trial , the most important innovation is the provision for official assessors in technical questions . Upon this matter observe that actions may be tried before a judge or judges , or a judge with assessors , or a ...
Page 16
... regard the judgment which follows , and apply another law to the case , will depend on the principles of private International Law . The different elements of res judicata have , however , received very little illustration in the ...
... regard the judgment which follows , and apply another law to the case , will depend on the principles of private International Law . The different elements of res judicata have , however , received very little illustration in the ...
Page 17
... regard to the second requisite , a very important distinction is stated between actions in rem and actions in personam . In the former , being a simple assertion of right to a subject , all causes of action were supposed to be included ...
... regard to the second requisite , a very important distinction is stated between actions in rem and actions in personam . In the former , being a simple assertion of right to a subject , all causes of action were supposed to be included ...
Page 21
... regard to manumission , he says , on p . 146 , that it could proceed only from a quiritarian owner ; whereas it might equally be effected by a mere bonitarian owner , but with the qualification that the freedman thereby became not a ...
... regard to manumission , he says , on p . 146 , that it could proceed only from a quiritarian owner ; whereas it might equally be effected by a mere bonitarian owner , but with the qualification that the freedman thereby became not a ...
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Aberdeen accident action alleged appears apply appointed Ardmillan bill Board Carron Company cause charter-party circumstances claim clause Code common law competent contract conveyance Court of Session criminal damages death deceased decerns decision decree deed defender defr defts delivered deposit receipt doctrine donation mortis causa doubt duty Edinburgh effect entitled evidence expenses fact favour Finds gift give Glasgow held House House of Lords injury inter vivos interlocutor James Pollock judge judgment judicial jurisdiction jury Justice law of Scotland lawyers liable Lord Advocate Lord Ordinary M'Intosh Macph matter moveable offences opinion owner parish parole parties payment person petition petr plea present principle proof proved pursuer question railway companies reason reference respt rule Scotch servant Sheriff Court Sheriff-Substitute ship Statute Strathdon tion trade trade union transfer trial trustee voter wife witnesses
Popular passages
Page 179 - trade union " means any combination, whether temporary or permanent, for regulating the relations between workmen and masters, or between workmen and workmen, or between masters and masters, or for imposing restrictive conditions on the conduct of any trade or business...
Page 524 - ... assurance, undertaking, promise, or agreement, express or implied, to pay or give thereafter any money or valuable thing on any event or contingency of or relating to any horse race or other race, fight, game, sport, or exercise, or as or for the consideration for securing the paying or giving by some other person of any money or valuable thing on any such event or contingency as aforesaid...
Page 154 - ... when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Page 39 - An Act for the punishment of idle " and disorderly persons and rogues and vagabonds in that part of " Great Britain called England...
Page 155 - ... if the insured shall sustain bodily injuries, by means as aforesaid, which shall, independently of all other causes, immediately and wholly disable and prevent him from the prosecution of any and every kind of business pertaining to the occupation under which he is insured...
Page 191 - Judge and jury, lest on the one side there be a kind of inhumanity towards the defects of human nature; or, on the other side, too great an indulgence given to great crimes.
Page 412 - Beyond the scope of his employment the servant Is as much a stranger to his master as any third person. The master is only responsible so long as the servant can be said to be doing the act. In the doing of which he is guilty of negligence, in the course of his employment.
Page 276 - Charterer's liability to cease when the ship is loaded, the captain having a lien upon the cargo for freight, dead freight, and demurrage.
Page 135 - ... temporary or permanent, for regulating the relations between workmen and masters, or between workmen and workmen, or between masters and masters, or for imposing restrictive conditions on the conduct of any trade or business, whether such...
Page 135 - The purposes of any trade union shall not, by reason merely that they are in restraint of trade, be deemed to be unlawful so as to render any member of such trade union liable to criminal prosecution for conspiracy or otherwise.