A Treatise of the Law of Arbitration: With an Appendix of Precedents |
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Page 6
... tor has mistaken the law . ( a ) Young v . Walter , 9 Ves . 367 . ( b ) Obiter . — The Queen v . Sir Gilbert Heathcote . 10 Mod . 59. See Ainsley . Goff , H. T. 1791 , reported in Kyd on Awards , 357 , and in the Appendix . ( c ) But ...
... tor has mistaken the law . ( a ) Young v . Walter , 9 Ves . 367 . ( b ) Obiter . — The Queen v . Sir Gilbert Heathcote . 10 Mod . 59. See Ainsley . Goff , H. T. 1791 , reported in Kyd on Awards , 357 , and in the Appendix . ( c ) But ...
Page 21
... tor . ( w ) In the case of Wellington v . Mackintosh , ( x ) to a bill filed for discovery and relief , the defendant pleaded that the plaintiff and he had executed cer- tain articles of copartnership , in which they had ( as is very ...
... tor . ( w ) In the case of Wellington v . Mackintosh , ( x ) to a bill filed for discovery and relief , the defendant pleaded that the plaintiff and he had executed cer- tain articles of copartnership , in which they had ( as is very ...
Page 38
... tors of appointing him . Where an umpire has been once properly appoint- ed by the arbitrators , the appointment will not be afterwards affected by the dissent of the parties . Thus , where arbitrators had elected an umpire , ( d ) and ...
... tors of appointing him . Where an umpire has been once properly appoint- ed by the arbitrators , the appointment will not be afterwards affected by the dissent of the parties . Thus , where arbitrators had elected an umpire , ( d ) and ...
Page 42
... tors , and decide accordingly . ( q ) Where arbitrators , having chosen an umpire , af- terwards join with him in making the award , this ( 0 ) Still and another v . Halford , 4 Camp . N. P. C. 17 . ( p ) Routledge v . Thornton , 4 ...
... tors , and decide accordingly . ( q ) Where arbitrators , having chosen an umpire , af- terwards join with him in making the award , this ( 0 ) Still and another v . Halford , 4 Camp . N. P. C. 17 . ( p ) Routledge v . Thornton , 4 ...
Page 44
... tors should , under such circumstances , be author- ized to appoint another person to act , toties quo- ties . ( x ) It may seem scarcely necessary to observe , that where the submission is conditional , the ita quod , by construction ...
... tors should , under such circumstances , be author- ized to appoint another person to act , toties quo- ties . ( x ) It may seem scarcely necessary to observe , that where the submission is conditional , the ita quod , by construction ...
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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.