A Treatise of the Law of Arbitration: With an Appendix of Precedents |
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Page 20
... determination , and the Court would abide by it . It is not necessary that the submission should be made a rule of court before the arbitrators com- mence their investigation of the dispute : ( p ) this may be done even after the award ...
... determination , and the Court would abide by it . It is not necessary that the submission should be made a rule of court before the arbitrators com- mence their investigation of the dispute : ( p ) this may be done even after the award ...
Page 25
... determination , and judgment . " ( k ) It was objected , that the condition was void and in- sensible ; since " they " ( in the latter case ) might be taken to refer to the arbitrators : but the Court held , that " they " designated the ...
... determination , and judgment . " ( k ) It was objected , that the condition was void and in- sensible ; since " they " ( in the latter case ) might be taken to refer to the arbitrators : but the Court held , that " they " designated the ...
Page 53
... determination , who has power to award damages where they would not have been recoverable by a suit , since the par- ties have made him their judge . In a much later case ( a ) the Court of King's Bench held , that where arbitrators ...
... determination , who has power to award damages where they would not have been recoverable by a suit , since the par- ties have made him their judge . In a much later case ( a ) the Court of King's Bench held , that where arbitrators ...
Page 58
... determination of it . " And his Lordship added , " I fear it is impossible to lay down any " general and certain rule upon this subject , in " what cases the Court will not suffer an award to - ( e ) Chace and others v . Westmore , 13 ...
... determination of it . " And his Lordship added , " I fear it is impossible to lay down any " general and certain rule upon this subject , in " what cases the Court will not suffer an award to - ( e ) Chace and others v . Westmore , 13 ...
Page 81
... determination of the um- pire ; but if the defendant should fail in proving the delivery of the article in question before the 20th of December , then that the plaintiff should be exonerated from any claim on that account . It was ...
... determination of the um- pire ; but if the defendant should fail in proving the delivery of the article in question before the 20th of December , then that the plaintiff should be exonerated from any claim on that account . It was ...
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A Treatise of the Law of Arbitration: With an Appendix of Precedents ... James Stamford Caldwell No preview available - 2016 |
Common terms and phrases
adjudge affidavit aforesaid afterwards agreed agreement allegations allocatur appointed arbi arbitrators Ardwich assigns assumpsit attorney averment award in writing behalf bill bitrators bond breach cause of action concerning the premises condition consent costs Court of Chancery court of equity Court of King's damages debt declared defendant delivered demands determination direct dispute duly equity execution executors feme covert fendant further award hath heirs judgment King's Bench Little Bolton Lord Lord Chancellor Lord Ellenborough matters in difference ment mentioned messuages nisi prius orator paid parties payment performance person plaintiff pleaded Raym reference release rent respect rule of court Rusholme saith Saund shew statute submission submitted suit sum of money thereof tion tors trator trustees umpirage umpire verdict void writing obligatory
Popular passages
Page 260 - ... all, and all manner of action and actions, cause and causes of action, suits, debts...
Page 459 - Sheriff', or his certain attorney, executors, administrators or assigns, for which payment to be well and truly made we bind ourselves, and each and every of us in the whole, our and each and every of our heirs, executors and administrators, firmly by these presents, sealed with our seals.
Page 354 - ... in that plea alleged, ought not to be barred from having and maintaining his aforesaid action thereof against the said defendant, because he says...
Page 465 - ... then this obligation to be void, or else to remain in full force and virtue of law.
Page 18 - ... bonds, shall or may, upon producing an affidavit thereof made by the witnesses thereunto, or any one of them, in the court of which the same is agreed to be made a rule, and reading and filing the said...
Page 438 - This Defendant by protestation not confessing or acknowledging all or any of the matters and things in the said Complainant's Bill contained to be true, in such manner and form as...
Page 317 - Middlesex, to wit, AB complains of CD being in the custody of the marshal of the Marshalsea of our lord the now king, before the king himself...
Page 321 - ... from the beginning of the world to the day of the date of these presents.
Page 190 - When the submission is by deed with a penalty, and the award is made within the time limited, an action of debt lies upon the deed, for the nonperformance of the award ; and that, whether the award be for the payment of money, or the performance of a collateral act.
Page 459 - Third, by the grace of God of the united kingdom of Great Britain and Ireland king, defender of the faith, and in the year of our Lord one thousand eight hundred and five.