Form of Process Before the Court of Session, the New Jury Court, and the Commission of Teinds, Volume 2A. Lawrie & Company, 1818 - Procedure (Law) |
From inside the book
Results 1-5 of 81
Page xvi
... Issues , 330 2. Of lodging the Printed Issues , and other Pa- pers , · ib . 3. Of the Notice for Trial , 332 4. Of changing the Place of Trial ,. 5. Of putting off Trial on account of the Una- voidable Absence of 336 a Witness , 337 6 ...
... Issues , 330 2. Of lodging the Printed Issues , and other Pa- pers , · ib . 3. Of the Notice for Trial , 332 4. Of changing the Place of Trial ,. 5. Of putting off Trial on account of the Una- voidable Absence of 336 a Witness , 337 6 ...
Page 23
... issue of the petitioner's case , even " although such Advocates , Writer , or Agent “ should , during its dependence , cease to be in " the respective list of Advocates , Writers , or agents for the poor . " 66 It is still farther ...
... issue of the petitioner's case , even " although such Advocates , Writer , or Agent “ should , during its dependence , cease to be in " the respective list of Advocates , Writers , or agents for the poor . " 66 It is still farther ...
Page 29
... issue , just like every other case ; and if to be litigated , it is usual to remit it ob contingentiam to the Lord Ordinary in the original process . Decree of transference being once obtained , the proceedings in the prin- " decreet of ...
... issue , just like every other case ; and if to be litigated , it is usual to remit it ob contingentiam to the Lord Ordinary in the original process . Decree of transference being once obtained , the proceedings in the prin- " decreet of ...
Page 34
... issue . It may be , even , that the latter possess the only proper right to the matter in dispute ; and that they can produce a title so complete and satisfactory , as altogether to exclude the former pursuers and defenders . In such a ...
... issue . It may be , even , that the latter possess the only proper right to the matter in dispute ; and that they can produce a title so complete and satisfactory , as altogether to exclude the former pursuers and defenders . In such a ...
Page 66
... issue upon depositions taken " in a process where he was not a party , the de- " fendant , who was a party , ought to have no " objection , provided he be allowed to object " against the depositions as against the wit- " nesses ...
... issue upon depositions taken " in a process where he was not a party , the de- " fendant , who was a party , ought to have no " objection , provided he be allowed to object " against the depositions as against the wit- " nesses ...
Common terms and phrases
9th December 1815 A. S. 11th July A. S. 9th December act of sederunt action advertisement advising aforesaid agent amand answers application appointed attend authority avizandum bankrupt Bell's Commentaries bills boxes called cess clerk Commissioners competent concluded causes concur copy course Court of Session creditors debt debtor declared declinature decree defender deliverance Dict diligence discharge Division Edinburgh Edinburgh Gazette enacted Ersk expence factor Faculty of Advocates farther grant hereby Ibid Inner House inrolled interim-factor interlocutor intimation issue or issues Judges judgment Jury Court libel lodged Lord Ordinary Lord Stair Lords of Session Lordship manner matter meeting necessary neral notice November oath ordain Outer House papers party person petition petitioner practice present President printed procedure proceed proceedings pronounced proof proper pursuer reclaiming regulations remit requisite sequestration sion statute summons tailzie Tait's thereof tion trial trustee verdict wakening warrant whole witnesses writing
Popular passages
Page 267 - Their method of decision deserves to be noted, as being the origin of juries; an institution admirable in itself, and the best calculated for the preservation of liberty and the administration of justice that ever was devised by the wit of man.
Page 153 - Debt, to be by them applied in the manner and for the purposes directed and " specified by this Act, and the receipt of the cashier or cashiers of the Bank " shall be a full and sufficient discharge to the said trustee, and to the said pur...
Page 302 - You swear by God, and as you shall answer to God at the great day of judgment, that you will...
Page 175 - Court to which the petition has been presented when sitting, or to the Lord Ordinary on the Bills in time of vacation ; on which motion the parties shall be heard and the application be disposed of, either by adjustment of a special case when allowed, or by refusal of the application. 21.
Page 211 - ... by imprisonment ; and whether such deeds be executed or not, the whole estate and effects, of whatever kind, and wherever situate, (in so far as may be consistent with the laws of other countries when the effects are out of Scotland,') shall be deemed to be vested in the trustee for behoof of the creditors.
Page 367 - CD did then and there propose their aforesaid exception to the opinion of the said chief-justice, and requested him to put his seal to this bill of exceptions, containing the said several matters so produced and given in evidence on the part of the said...
Page 366 - CD did then and there pray the said chief-justice to admit and allow the said matters so produced and given in evidence for the said...
Page 267 - Alfred took care to temper these rigours by other institutions favourable to the freedom of the citizens; and nothing could be more popular and liberal than his plan for the administration of justice. The borsholder summoned together his whole decennary to assist him in deciding any lesser difference which occurred among the members of this small community. In affairs of greater moment, in appeals from the decennary, or in controversies arising between members of different decennaries, the cause...
Page 366 - And the jurors of the jury aforesaid einpannelled to try the said issue being called, also came, and were then and there in due manner chosen and sworn to try the same issue; and upon the trial of that issue the counsel learned in the law for the said AB to maintain and prove the said issue; on his part gave in evidence, That...
Page 283 - The unanimity of twelve men, so repugnant to all experience of human conduct, passions, and understandings, could hardly in any age have been introduced into practice by a deliberate act of the legislature.