Reports of Cases Tried in the Jury Court: From the Institution of the Court in 1815, to [July, 1830] ...A. Constable, 1818 |
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Reports of Cases Tried in the Jury Court: From the Institution of the Court ... Scotland Jury Court Náhled není k dispozici. - 2016 |
Reports of Cases Tried in the Jury Court: From the Institution of the Court ... Scotland. Jury Court,Joseph Murray Náhled není k dispozici. - 2015 |
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Act of Sederunt action of damages admissible admitted agent allowed asked assault AUCHMUTIE Baillie bond BRYSON called caution character circumstances CLARK Clerk Cockburn competent condescendence consider counsel Court of Session decide deeds defender defender's dence Dickson EARL OF FIFE Edinburgh entitled evidence examination expences facts Falahill fender Fife's free on board give given Glasgow granted Greenock ground HADDAWAY HYSLOP incompetent injury interlocutor Janet Murray Jeffrey JOHNSTON Judges Jury Court Kedslie law of Scotland Leith letter LEVEN liable LORD CHIEF COMMISSIONER LORD CHIEF COMMISSIONER.-The Lord Fife Lord Keith Lord Melville Lord Ordinary Lordship Mary Johnston ment Moncreiff Murray necessary ness objection opinion party Pennycook person PITMILLY present proceedings produced proof proved pursuer question rule sail sent ship STAIG statement STEWART suer swore testimony THOMSON THREE LORDS COMMISSIONERS tion trial TRUSTEES OF EARL verdict vessel Watson witness
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Strana 24 - ... claiming damages for the injuries sustained by him by the wrongful act of the defendant. He also admits that this is the law of Scotland. To show this, I quote the language of Lord Chief Commissioner Adams, one of the most eminent judges of this century, as I find it in this note of Sedgwick. He says: "In all cases of damages, a fair, unprejudiced discussion (avoiding in civil cases the converting compensation for a civil injury into a matter of punishment) will lead to a rational, conscientious,...
Strana 122 - proof whether they were deposited and kept •" in the room in which they were read during " the whole period which elapsed from the " commencement of the reading, till the name " of the said Earl was put to them as aforesaid, " or where they were deposited.
Strana 123 - FIFE deeds at one and the same time. As to the fifth issue, That the said Earl put his name to the deeds under reduction in presence of one instrumentary witness, viz. Alexander Forteith Williamson ; but it is not proven that the said Earl did acknowledge his subscription to George Wilson, the other instrumentary witness.
Strana i - REPORTS of CASES TRIED in the JURY COURT, from the Institution of the Court in 1815, to the Sittings at Edinburgh ending in March 1818. By JOSEPH MURRAY, Esq. Advocate.
Strana 90 - Earl was put to them, as aforesaid, or where they were deposited. 3d. Whether the said Earl's name was put to the said deeds, or any of them, by having his hand directed to the places of signing, or led in making the subscription ? Or if the said Earl was assisted ; and if so, in what manner he was assisted in making his subscription?
Strana 122 - And whether the said Earl was at that time capable of reading any writing, written instrument, or printed book ? And if, at that time, he could discover whether a paper was written upon or not ; Find, That James Earl of Fife, at the date of the deeds under reduction, viz. on the 7th of October 1808, was not totally blind, though he could scarcely distinguish between light and darkness.
Strana 90 - Whether the said deeds were read over ' to the said Earl, previous to the said Earl's name being put thereto : ' and if so, in presence of whom ; and if read over to the said Earl as ' aforesaid, whether they were all or any of them read to him at one and ' the same time, or at different times ; and if at different times, whether ' they were deposited and kept in the room in which they were read, • during the whole period...
Strana xvi - Scot" land should be affected by the institution, that " the enabling the Court of Session to direct issues " of fact to be tried by Jury, might afford a safe " foundation on which important experiments might " be made." This report lay untouched for several years. But, in the interval between making this report in May 1810, and the close of the Session of Parliament 1814, many cases had occurred in the House of Lords...
Strana 91 - Whether the said Earl was, until the dates of the deeds under reduction, or at a later period, a man remarkably attentive to, and in the use of transacting every sort of business connected with his estates, and in the practice and habit of executing, and in fact did execute, deeds of all sorts connected with his own affairs, by subscribing the same with his own hand, and without the intervention of notaries ? Find, Proven in the affirmative.
Strana 123 - Proven in the affirmative. 7th. Whether the said Earl took means to ascertain that the deeds under reduction, alleged to have been signed by him, were conform to the scrolls of deeds prepared by his agents under his special direction, and what were the means he took to ascertain the same? Find, That the only means which the said Earl took to ascertain that the deeds under reduction were conform to the scrolls or deeds prepared by his agents, under his special directions, were his having heard the...