Reports of Scotch Appeals and Writs of Error, Together with Peerage, Divorce, and Practice Cases, in the House of Lords. [1847-1865], Volumen4
T. & T. Clark, 1866
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according action agree alleged Appellant application authority called cause circumstances claim clause Company conclusion consent considered contained contract costs course Court of Session decided decision deed Defender directed disposition domicil doubt duty Edinburgh effect Elizabeth England entail entirely entitled evidence express fact fishing further give given grant ground heirs held hospital House husband infant intention Interlocutor Ireland issue John Judges judgment July jurisdiction Lady lands learned lease letter Lord Chancellor's Lord Ordinary Lordships Major Marquis marriage married matter meaning mode namely necessary objection obligation opinion original parties passed person petition present proceedings promise proved Pursuer question reason received referred regard residence respect Respondent rule Scotch Scotland seems statute Stuart sufficient supposed taken tion trustees whole wife YELVERTON
Página 112 - Any draft or order drawn upon a banker for a sum of money payable to order on demand, which shall when presented for payment purport to be indorsed by the person to whom the same shall be drawn payable, shall be a sufficient authority to such banker to pay the amount of such draft or order to the bearer thereof, and it shall not be incumbent on such banker to prove that such indorsement or any subsequent indorsement was made by or under the direction or authority of the person to whom the said draft...
Página 73 - It is ordered and adjudged by the lords spiritual and temporal in parliament assembled, that the said petition and appeal be, and is hereby, dismissed this House ; and that the said interlocutor therein complained of be, and the same is hereby, affirmed.
Página 422 - All persons directly concerned in the commission of a fraud are to be treated as principals.
Página 798 - I, N., take thee, N., to my wedded wife, to have and to hold, from this day forward, for better, for worse, for richer, for poorer, in sickness and in health, till death us do part, if holy Church will it permit ; and thereto I plight thee my troth.
Página 994 - ... or during the minority or respective minorities only of any person or persons who under the uses or trusts of the...
Página 643 - The present intention of making a place a person's permanent home can exist only where he has no other idea than to continue there, without looking forward to any event, certain or uncertain, which might induce him to change his residence. If he has in his contemplation some event upon the happening of which his residence will cease, It Is not correct to call this even a present intention of making it a permanent home. It is rather a present intention of making it a temporary home though for a period...
Página 557 - And with this declaration it is further ordered, That the cause be remitted back to the Court of Session in Scotland, to do therein as shall be just, and consistent with this judgment and declaration.
Página 634 - The third rule I shall extract is, that the original domicil, or, as it is called, the forum originis or the domicil of origin is to prevail until the party has not only acquired another, but has manifested and carried into execution an intention of abandoning his former domicil, and taking another as his sole domicil.
Página 931 - Tenant's Rates and Taxes, and Tithe Commutation Rent-charge, if any, and deducting therefrom the probable average annual cost of the repairs, insurance, and other expenses, if any, necessary to maintain them in a state to command such Rent...