A Treatise on the Law of AwardsWilliam P. Farrand and Company, 1808 - 583 страници |
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Страница 3
... evidence ; and one , amongst the latter , which is founded in the first principles of justice and public policy , " that no man shall be permitted to give evidence in his own cause . " But this rule , like many others founded on general ...
... evidence ; and one , amongst the latter , which is founded in the first principles of justice and public policy , " that no man shall be permitted to give evidence in his own cause . " But this rule , like many others founded on general ...
Страница 24
... evidence of the execution ; and every man who subscribes his name as a witness to an instrument , un- dertakes , by implication , to give evidence at a proper time , and in a proper manner : no objection to this arises from the ...
... evidence of the execution ; and every man who subscribes his name as a witness to an instrument , un- dertakes , by implication , to give evidence at a proper time , and in a proper manner : no objection to this arises from the ...
Страница 34
... evidence in the presence of both parties agreed upon their report ; but about an hour before it was delivered into court , though it was signed the preceding day , the defendant obtained a rule to shew cause why the rule of reference ...
... evidence in the presence of both parties agreed upon their report ; but about an hour before it was delivered into court , though it was signed the preceding day , the defendant obtained a rule to shew cause why the rule of reference ...
Страница 34
... evidence which might be produced at a future period , or conjecturing that the referees were unfavourable to his claim , discontinued his action and gave notice to the defendant . But the referees proceeded to decide upon the matters ...
... evidence which might be produced at a future period , or conjecturing that the referees were unfavourable to his claim , discontinued his action and gave notice to the defendant . But the referees proceeded to decide upon the matters ...
Страница 40
... evidence of a personal promise pay whatever shall be found due ; because , in the first place , the action seeks to recover the demand out to 5 Off . Exr . 229 , cited Com . Dig . Administration ( I. 1. ) R. 3 Leon . 53 . 7 Barry v ...
... evidence of a personal promise pay whatever shall be found due ; because , in the first place , the action seeks to recover the demand out to 5 Off . Exr . 229 , cited Com . Dig . Administration ( I. 1. ) R. 3 Leon . 53 . 7 Barry v ...
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action afterwards agreement alleged appear arbi arbitrator awarded arbitrium assumpsit attorney authority averment bill bitrators bound breach cause cited clause common law compromissum consent considered controversy costs court of equity covenant debt deed defendant pleaded defendant should pay delivered dicere discharge dispute English law equity execution executor favour fendant Fhbt forfeited give given held Hilary term judge judgment justice King's Bench land Lord Lutw mutual nisi prius nomination nonsuit notice objection opinion paid parties payment penalty perform the award plaintiff plea pœna potest premises principle promissum proviso quod Raym reason referees release remedy respect Roman law rule of court satisfaction scire facias seems shew shewn statute stranger submission bond submitted sufficient suit sum of money taken testator thing third person tion trators trespass umpirage umpire verdict void wife words
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Страница 279 - ... all, and all manner of action and actions, cause and causes of action, suits, debts...
Страница 276 - ... perform, fulfil, and keep the award, order, arbitrament, final end, and determination of...
Страница 282 - 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.
Страница 277 - ... then this obligation to be void, or else to remain in full force and virtue of law.
Страница 316 - ... in that plea alleged, ought not to be barred from having and maintaining his aforesaid action thereof against the said defendant, because he says...
Страница 378 - JH in the penal sum of 100/. with a condition thereunder written, in the words and figures or to the effect following, (that is to say...
Страница 380 - 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...
Страница 276 - I or my heirs, executors or administrators, hereafter can, shall or may have for, upon or by reason of any matter, cause or thing whatsoever from the beginning of the world to the day of the date of these presents.