Cases Decided in the Court of Session, and Also in the Justiciary and House of LordsT. & T. Clark, 1911 |
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accordingly action agent agree alleged Almora appears appellant apply Argued averred borers branch Burgh Police Burgh Police Scotland bye-law Caledonian Railway charge circumstances claim claimant clause compensation complainer conclusion contract conviction Court of Session Cupar decree defenders Division Edinburgh entitled evidence expenses fact favour Gilbert White Glasgow granted ground held heritable inter interdict interlocutor Johnston journal of bores judgment liability Limited lodged Lord Ardwall Lord Dundas Lord Johnston Lord Ordinary Lord Salvesen Lordships Magistrates matter ment milk offence opinion paid parties payment person petition Petrie present proceedings proof proved purpose pursuer question Railway Company reclaimed referred regard respect respondent River Nith road rules salmon schedule Scotland Sheriff Court Sheriff Courts Scotland Sheriff-substitute shew statute Street Summary Jurisdiction Scotland taken tenant tion Trustees Union Vict white fish wife
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Halaman 348 - The buyer is deemed to have accepted the goods when he intimates to the seller that he has accepted them, or when the goods have been delivered to him, and he does any act in relation to them which is inconsistent with the ownership of the seller, or when after the lapse of a
Halaman 419 - 50 per cent of his average weekly earnings during the previous twelve months, if he has been so long employed, but if not, then for any less period during which he has been in the employment of the same employer, such weekly payment not to exceed one pound.
Halaman 274 - Session, upon such terms as to expenses and otherwise as to the Court or Lord Ordinary shall seem proper; and all such amendments as may be necessary for the purpose of determining in the existing action or proceeding the real question in controversy between the parties shall be so made.
Halaman 97 - the circumstances of the case, including the nature, condition, and use of the highway, and to the amount of the traffic which actually is at the time, or which might reasonably be expected to be, on the highway, that person shall be guilty of an offence under
Halaman 419 - awarded a sum not exceeding the difference between the average weekly earnings of the workman before the accident and the average weekly amount which he is now able to earn. In the special circumstances of this case 1 awarded the whole difference between these two sums.
Halaman 83 - 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 shewn 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.
Halaman 254 - 1908, which states that a declaration on the part of a chairman that a resolution is carried is conclusive evidence of the fact without proof of the number or proportion of the votes recorded in favour of or against the resolution. The
Halaman 228 - inter alia :—•" For or in respect of the annual profits or gains arising or accruing to ... any person whatever, whether a subject of Her Majesty or not, although not resident within the United Kingdom, from . . . any profession, trade, employment, or vocation exercised within the United Kingdom. . . .
Halaman 254 - or against the resolution. The reporter cannot think, however, that this section can possibly override the first subsection of section 69, which requires that an extraordinary resolution must be passed by a majority of not less than three-fourths of such members entitled to vote as are present in person or by proxy (where proxies are allowed). A special
Halaman 56 - If any person drives a motor car on a public highway recklessly or negligently, or at a speed or in a manner which is dangerous to the public, having regard to all the circumstances of the case, including the nature, condition, and use of the highway, and to the amount of traffic which actually is at the time or which might reasonably