A Treatise on the Law of AwardsWilliam P. Farrand and Company, 1808 - 583 страници |
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Страница 39
... objection was made to the want of power in the executor to submit : but if the arbitrator do not give him the same measure of justice as he would be entitled to at law , the executor , or administrator , must account for the deficiency ...
... objection was made to the want of power in the executor to submit : but if the arbitrator do not give him the same measure of justice as he would be entitled to at law , the executor , or administrator , must account for the deficiency ...
Страница 42
... objection that the agent had no interest in the subject of the dis- pute . 5 When there are several claimants on one side , and they all agree with the opposite party to submit the matter in dispute to arbitration , and some only of the ...
... objection that the agent had no interest in the subject of the dis- pute . 5 When there are several claimants on one side , and they all agree with the opposite party to submit the matter in dispute to arbitration , and some only of the ...
Страница 58
... objection was taken to this award , as being only of parcel of the things sub- mitted , yet that was overruled , and no objection taken to the submission , as being of freehold , nor to the award on any other account . " ( 6 In another ...
... objection was taken to this award , as being only of parcel of the things sub- mitted , yet that was overruled , and no objection taken to the submission , as being of freehold , nor to the award on any other account . " ( 6 In another ...
Страница 61
... objection was taken to the power of the arbitrator to order par- tition to be made ; but to the uncertainty of the manner in which it was ordered , it not being pointed out what moiety or part the one should have , and what the other ...
... objection was taken to the power of the arbitrator to order par- tition to be made ; but to the uncertainty of the manner in which it was ordered , it not being pointed out what moiety or part the one should have , and what the other ...
Страница 63
... objection to the plaintiff's recovery arises from the award and judgment . To be sure an award cannot give a right to land , but a report of referees will settle a dispute about land either in an eject- ment or in an action of trespass ...
... objection to the plaintiff's recovery arises from the award and judgment . To be sure an award cannot give a right to land , but a report of referees will settle a dispute about land either in an eject- ment or in an action of trespass ...
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Често срещани думи и фрази
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.