Scottish Law Magazine, and Sheriff Court Reporter, Volum 1T. Murray., 1862 |
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Side 36
... reference - as a " quotable " book . Having this opinion of the first edition , and the only hinderance to its taking rank among law books , being now removed by the addition of authorities for every important statement and opinion ...
... reference - as a " quotable " book . Having this opinion of the first edition , and the only hinderance to its taking rank among law books , being now removed by the addition of authorities for every important statement and opinion ...
Side 39
... reference to private arrange - bution , Inspection , Conduct , Management , or Winding- ments before sequestration : - As to Trust Deeds for Benefit of Creditors , Composi- tion and Inspectorship Deeds executed by a Debtor : 192. Every ...
... reference to private arrange - bution , Inspection , Conduct , Management , or Winding- ments before sequestration : - As to Trust Deeds for Benefit of Creditors , Composi- tion and Inspectorship Deeds executed by a Debtor : 192. Every ...
Side 80
... reference to the reserved preliminary pleas , that the first has no founda- tion whatever ; that the second is not good , in respect there is no heritable rights to be disposed of ; and that the third is equally untenable ratione rei ...
... reference to the reserved preliminary pleas , that the first has no founda- tion whatever ; that the second is not good , in respect there is no heritable rights to be disposed of ; and that the third is equally untenable ratione rei ...
Side 83
... reference to the proper term of removal , and to the defender a conjunct proof , and grants diligence against witnesses to enforce their atten dance at such diet as may forthwith be appointed , and reserves consideration of the fourth ...
... reference to the proper term of removal , and to the defender a conjunct proof , and grants diligence against witnesses to enforce their atten dance at such diet as may forthwith be appointed , and reserves consideration of the fourth ...
Side 85
... reference to the pursuer's oath . Indeed , the defender does not appear to have raised any such plea . The Sheriff thinks that the bill does not ex facie show that it is vitiated in essentialibus . The date , the sum , and the names of ...
... reference to the pursuer's oath . Indeed , the defender does not appear to have raised any such plea . The Sheriff thinks that the bill does not ex facie show that it is vitiated in essentialibus . The date , the sum , and the names of ...
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Act of Sederunt action admitted alleged amount averred avizandum bankrupt Bankruptcy Scotland bill bound brattice circumstances claim clause contract Court of Session creditors Cuningham damages David Bow David Wright debt debtor deceased decerns decree deed defender defender's dismisses Ell Coal entitled evidence ex facie favour feu duty Finds following Interlocutor following judgment Fullarton fund in medio furniture given Glasgow granted Greenock ground Hamilton heard parties held heritable horse husband interest Interlocutor appealed Interlocutor was appealed John Fullarton Judge libelled Martinmas ment nominal raisers objection obligation paid payment person Perth petition petitioner plea poinding possession procurators pronounced the following proof proved pursuer question railway reference remits removal repels respondent Sandyford Scotland Seam sequestration SHERIFF COURT Sheriff-Substitute pronounced Sir Archibald Alison statute sued summons tax and report tenant thereof tion trustee Vict Whitsunday whole process wife William witnesses
Populære avsnitt
Side 97 - Provided always, that in the exercise of the powers by this or the special acts granted, the company shall do as little damage as can be, and shall make full satisfaction in manner herein, and in the special act, and any act incorporated therewith, provided, to all parties interested, for all damage by them sustained by reason of the exercise of such powers.
Side 27 - MACKENZIE. Studies in Roman Law. With Comparative Views of the Laws of France, England, and Scotland. By Lord MACKENZIE, one of the Judges of the Court of Session in Scotland.
Side 40 - Securities accepted, drawn, made, or endorsed by him are holden, or by reason of the Absence of Creditors in a Foreign Country or other similar Circumstances, it shall be sufficient if he obtain the Consent of a Majority in Number representing Three-Fourths in Value of all his other Creditors to such Deed or Instrument as aforesaid : Provided that Notice shall have been inserted by or on Behalf of the Debtor in one or more Newspapers published in the...
Side 39 - Baukruptcy; and the existing or future Trustees of any such Deed or Instrument, and the Creditors under the same, shall as between themselves respectively, and as between themselves and the Debtor and against Third Persons, have the same Powers, Rights, and Remedies, with respect to the Debtor and his Estate and Effects, and the Collection and Recovery of the same, as are possessed or may be used or exercised by Assignees or Creditors with respect to the Bankrupt, or his Acts, Estate...
Side 31 - That the following words and expressions both in this and the special Act shall have the several meanings hereby assigned to them, unless there be something either in the subject or context repugnant to such construction...
Side 39 - Deed, or who have assented thereto or are bonnd thereby, shall in all matters relating to the Estate and Effects of such Debtor be subject to the Jurisdiction of the Court of Bankruptcy, and shall...
Side 98 - ... and such justices may direct such repairs to be made in the state of such road, in respect of the damage done by the company, and within such period as they think reasonable, and may impose on the company, for not carrying into effect such repairs, any penalty not exceeding five pounds per day as to such justices shall seem just...
Side 132 - where no time is limited, either expressly or by implication, for the duration of a contract of hiring and service, the hiring is considered a general hiring, and, in point of law, a hiring for a year.
Side 39 - Trustees, that a Majority in Number, representing Three-fourths in Value, of the Creditors of the Debtor whose Debts amount to Ten Pounds or upwards, have in Writing assented to or approved of such Deed or Instrument...
Side 39 - ... relating to the debts or liabilities of the debtor, and his release therefrom, or the distribution, inspection, management, and winding up of his estate, or any of such matters, shall be as valid and effectual and binding on all the creditors of such debtor as if they were parties to and had duly executed the same, provided the following conditions be observed ; that is to say, 1.