Publisher's Synopsis
Excerpt from A Digest of Cases Decided in the Sheriff Courts of Scotland Prior to 31st December, 1894, and Reported in the Sheriff Court Reports, 1885-94 (Volumes 1 to 10), And Guthrie's Select Sheriff Court Cases (Volumes 1 and 2)
This digest has not been extended beyond the ten annual volumes of the Sheriff Court Reports which have been issued up to date and the collection Of Select Cases edited by Sheriff Guthrie, because the 1600 Odd cases there reported are thought to be those which are most accessible to practitioners and most likely to be useful to them.
N o attempt has been made in the digest to follow the cases further than the Sheriff Courts; the reports themselves, the Supreme Court reports, and the agents, may be referred to in the few instances where information on this point is desired.
On the assumption generally made that the opinions Of the sheriff-substitute and the sheriff-principal are Of equal value, if not of equal authority, the summary of the case usually notices where there has been a reversal or alteration on appeal to the latter.
The terms of the original rubrics. Not having always been designed to stand by themselves, have been freely altered, with the view of bringing out the salient points of the cases, but at the same time compression has been aimed at and attained. Repetition of rubrics under different heads has been largely avoided by the free insertion of cross references. The sub divisions of the larger heads are not intended to be logical or exhaustive categories, but they may be found convenient in seeking cases; and, as cross references between these sub-divisions have not been thought necessary, a case may sometimes be found under a sub-head not appropriate to all that is contained in the rubric.
The title Reparation is limited to claims founded on delict and quasi-delict, breaches of obligation being included under the contracts, relationships, and other categories which are apposite; and decisions on Railway Carriage appear under Carrier.
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