Cases Decided in the House of Lords: On Appeal from the Courts of Scotland, 1821-[1824] ...

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W. Blackwood, 1828
 

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Sidan 401 - Secondly, a misfortune of this kind may arise where both parties are to blame ; where there has been a want of due diligence or of skill on both sides : In such a case, the rule of law is, that the loss must be apportioned between them, as having been occasioned by the fault of both of them.
Sidan 46 - It is ordered and adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said decree, so far as the same is complained of in the said Appeal, be and the same is hereby reversed.
Sidan 375 - ... the same be there discharged and safely landed. And it shall be lawful for the said ship, &c., in this voyage, to proceed and sail to and touch and stay at any ports or places whatsoever and wheresoever for all purposes without prejudice to this insurance.
Sidan 304 - Parliament assembled, that the several interlocutors complained of In the said appeal be, and the same are hereby reversed...
Sidan 3 - AND be it further enacted by the authority aforesaid, that if any action or suit shall be commenced against any person or persons for...
Sidan 65 - Lords, and the pursuer reponed and restored thereagainst in integrum ; and the defender Ought and Should be Decerned and Ordained, by decree foresaid, to make payment to the pursuer of the sum of...
Sidan 404 - I apprehend, therefore," added Lord Gifford, " that what is laid down in the case of the Woodrop is estabh'shed to be the law of the Court of Admiralty. I have no difficulty in recommending to your lordships to apply to this case the judgment of Sir James Marriott, in the case of the Judith Randolph. If your lordships were to take any other rule, one cannot conceive any mode of properly apportioning the loss which the Court of Session have found to have occurred. It might be extremely difficult to...
Sidan 401 - In the first place, it may happen without blame being imputable to either party; as where the loss is occasioned by a storm, or any other vis major; in that case, the misfortune must be borne by the party on whom it happens to light; the other not being responsible to him in any degree.
Sidan 392 - Court, that the question or questions of law or relevancy may be considered and determined there: Provided always, That it shall be lawful to the said division, Lord Ordinary, or Judge-Admiral, when matters of fact shall after such consideration or determination remain to be proved, again to remit the whole process and all the productions to the Jury Court, in order that an issue or issues may be prepared and tried as aforesaid...
Sidan 424 - This is the case of a contract lawfully made by a subject in this country, which he resorts to a court of justice to enforce, and the only answer given is, that a law has been made in a foreign country to discharge these defendants from their debts on condition of their having relinquished all their property to their creditors.

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