General Assembly of Free Church of Scotland v Lord Overtoun ; Macalister v Young
| Jurisdiction | England & Wales |
| Judgment Date | 01 August 1904 |
| Docket Number | No. 1. |
| Date | 01 August 1904 |
| Court | House of Lords |
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77 cases
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Varsani v Jesani
...change of sentiment in the persons seeking alteration, however commendable that proposed alteration may be." 18 In General Assembly of Free Church of Scotland v Overtoun [1904] AC 515, at page 643, Lord Davey said that the law was free from doubt and settled by Craigdallie v Aikman. Later i......
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Parochial Church Council v Wallbank
...House is not concerned with any theological doctrine of establishment such as gave rise to one of the issues in General Assembly of the Free Church of Scotland v Lord Overtoun [1904] AC 515. Mr Beloff's argument centred, rather, on the general position of the Church of England in English l......
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The Reverend Donald Smith As Moderator Of The General Assembly Of The Free Church Of Scotland And Others V. The Reverend John Morrison And Others
...[26] Senior counsel then turned to consider General Assembly of the Free Church of Scotland and Others v Lord Overtoun and Others [1904] A.C. 515. While this had been a decision of the greatest importance in its context, he contended that it was of limited assistance in the present case, be......
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The Bahamas District of the Methodist Church in the Caribbean and the Americas (Appellants) The Hon. Vernon J. Symonette M.P. Speaker of the House of Assembly (Respondents) Ormond Hilton Poitier (Appellants) The Methodist Church of The Bahamas and Others (Respondents)
...but merely with a reference to the majority; …" 68This approach was treated as settled law by the House of Lords in General Assembly of Free Church of Scotland v. Overtoun [1904] A.C. 69However, the court does not go to the length of enforcing the letter of the constitutional instrument wh......
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1 firm's commentaries
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Religious Charities update - Winter 2010
...is what the draftsmen would have had in mind. Further, the decision does not sit well with the case of Free Church of Scotland v Overtoun [1904] AC 515, HL (Sc), which was referred to in argument but not cited in the judgment. Lord Halsbury LC held at 612-3 "Speaking generally, one would sa......
12 books & journal articles
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Cases referred to in 1983
...Kayode Adams v. D.P.P. (1966) 1 All N L R 12 281 The Divina Pastora 4 Wheat 52, 4 L.Ed. 512 495 The Free Church of Scotland v. Overtown (1904) A.C. 515. 524 The Queen v. The Comptroller-General of Patents, Designs and Trade Marks (1899) 1 Q.B. 909. 70 Theberge v. Laundary 2. A.C. 102. 317 T......
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'What's past is prologue': An historical overview of judicial review in South Africa – part 1
...of South African law. It is a critique of a case decided by the House of Lords four decades earlier, Free Church of Scotland v Overtoun [1904] AC 515 (the report of which ran to 249 pages). McGregor qualied his analysis: “Far be it from us to presume to sit as a self-constituted al fresco ......
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Table of cases
...34–36 General Assembly of the Free Church of Scotland v Overtoun, [1904] AC 515 (HL) ............................................................................... 150–51 Gillette v United States, 401 US 437 (1971) ....................................................... 196 Hall (Litigatio......
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SHIFTING PARADIGM OF INVESTMENT BY CHARITIES
...and privileges in the existing property. 89(1817) 36 ER 135 at 150. 90General Assembly of the Free Church of Scotland v Lord Overtoun[1904] AC 515. 91Cf Jeremy Benjamin, “Reinvigorating Nonprofit Director's Duty of Obedience” (2009) 30 Cardozo L Rev 1677 which, on the assumption of subjecti......
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