The History of the Orr Ewing Case: With Verbatim Report of the Opinions of the First Division Judges, Notes on the Conflict Between English and Scotch Jurisdiction, and the Remedy

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William Green, 1884 - 105 pàgines

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Passatges populars

Pàgina 80 - Judge, upon being satisfied by Affidavit that there is a Cause of Action, which arose within the Jurisdiction, or in respect of the Breach of a Contract made within the Jurisdiction...
Pàgina 33 - An Act to afford Facilities for the more certain Ascertainment of the Law administered in one Part of Her Majesty's Dominions, when pleaded in the Courts of another Part thereof.
Pàgina 18 - That the laws which concern publick right, policy, and civil government, may be made the same throughout the whole united kingdom, but that no alteration be made in laws which concern private right, except for evident utility of the subjects within Scotland.
Pàgina 81 - B., in his enunciation of the principle on which foreign judgments are recognised here, cited above ; and, indeed, hardly stands in need of authority to confirm it. But it is clearly not sufficient, in order to impeach a foreign judgment, to show that the Court which pronounced it had no jurisdiction by its own rules, if it had jurisdiction according to the principles of international law over the person of the defendant and the subject matter of the action.
Pàgina 73 - Generally, for regulating any matters relating to the practice and procedure of the said Courts respectively, or to the duties of the officers thereof, or of the Supreme Court, or to the costs of proceedings therein.
Pàgina 88 - Ireland as the case may be, the court or judge shall have regard to the comparative cost and convenience of proceeding in England or in the place of residence of the defendant or person sought to be served, and particularly in cases of small demands to the powers and jurisdiction, under the statutes establishing or regulating them, of the sheriffs' courts or small debts courts in Scotland and of the civil bill courts in Ireland respectively.
Pàgina 74 - SERVICE OUT OF THE JURISDICTION. 64. 1. Service out of the jurisdiction of a writ of summons or notice of a writ of summons...
Pàgina 73 - Parliament is then sitting, or, if not, within forty days after the commencement of the then next ensuing session, and if an address is presented to Her Majesty by either House of Parliament within the next subsequent forty days on which the said House shall have sat, praying that any such rule...
Pàgina 74 - Every application for leave to serve such writ or notice on a defendant out of the jurisdiction shall be supported by affidavit, or other evidence, stating that in the belief of the deponent the plaintiff has a good cause of action,, and showing in what place or country such defendant is or probably may be found...
Pàgina 79 - If at the time when the obligation was contracted the defendants were within the foreign country, but left it before the suit was instituted, we should be inclined to think the laws of that country bound them; though before finally deciding this we should like to hear the question argued.

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