The Scottish Law Reporter: Containing Reports ... of Cases Decided in the Court of Session, Court of Justiciary, Court of Teinds, and House of Lords, Volume 13W. & R.A. Veitch, 1876 - Law reports, digests, etc |
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Contents
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Common terms and phrases
action agent agree allowed amount appears applied authority belonging bills Board bound called cause charge circumstances claim clause Company competent conclusion considered contract Counsel course Court creditors damages death debt deed defenders directed disposition division doubt effect entered entitled evidence executed expenses fact favour fishings further give given granted ground half hand heirs held heritable hold Inchyra intention interest interlocutor John judgment landlord lands lease liable Lord Ordinary March matter means ment necessary notice objection opinion paid parties payment person petition possession present proceedings proof proprietor proved pursuer question raised reason received reference regard remove rent respect respondent road School share Sheriff statute stone sufficient taken tenant thereof tion trustees vested whole
Popular passages
Page 212 - On the other hand, if the defendants, not stopping at the natural use of their close, had desired to use it for any purpose which I may term a non-natural use, for the purpose of introducing into the close that which in its natural condition was not in or upon it. for the purpose of introducing water either above or below ground in quantities and in a manner not the result of any work or operation on or under the land...
Page 232 - And as to my worldly estate and all the property, real personal, or mixed, of which I shall die seized and possessed, or to which I shall be entitled at the time of my decease...
Page 212 - I may term the natural user of that land there had been any accumulation of water, either on the surface or underground, and if by the operation of the laws of nature that accumulation of water had passed off into the close occupied by the plaintiff, the plaintiff could not have complained that that result had taken place.
Page 212 - ... purpose of introducing water either above or below ground in quantities and in a manner not the result of any work or operation on or under the land ; and if in consequence of their doing so, or in consequence of any imperfection in the mode of their doing so, the water came to escape and to pass off into the close of the plaintiff, then it appears to me that that which the defendants were doing they were doing at their own peril...
Page 85 - C. D., his executors, administrators or assigns ; for which payment, well and truly to be made, I bind myself, my heirs, executors and administrators firmly by these presents. Sealed with my seal.
Page 220 - ... mode of their doing so, the water came to escape and to pass off into the close of the Plaintiff, then it appears to me that that which the Defendants were doing they were doing at their own peril ; and, if in the course of their doing it, the evil arose to which I have referred, the evil, namely, of the escape of the water and its passing away to the close 'of the Plaintiff and injuring the Plaintiff, then for the consequence of that, in my opinion, the Defendants would be liable.
Page 220 - ... have used that close for any purpose for which it might in the ordinary course of the enjoyment of land be used ; and if, in what I may term the natural user of that land, there had been any accumulation of water, either on the surface or...
Page 194 - it is called interest but is really damages." If the judge was meaning that such damages were not capable of being treated as interest, he was in my opinion guilty of an error in law, even before the Act of 1934. I do not think it necessary to express any opinion on the actual decision of that case, which turned upon its particular facts.
Page 320 - Whenever the company has passed an extraordinary resolution to the effect that it has been proved to its satisfaction that the company cannot by reason of its liabilities continue its business, and that it is advisable to wind up the same.
Page 219 - ... remits the same, when lodged, to the Auditor of Court to tax and report...