 | Edward Stanley Roscoe - 1883 - 184 страници
...is not a submission to arbitration, nor is the determination an award, so as to fall within sect. 17 of the Common Law Procedure Act, 1854 (17 & 18 Viet. c. 17). Wadsworth v. Smith, LR, 6 QB 332; 40 LJ, QB 118(1871). The above section seems to point to a judicial... | |
 | John Mews, Arthur Horatio Todd - 1884 - 1084 страници
...an action : — Held, that by the revocation the agreement to refer was at an end, and that sect. 11 of the Common Law Procedure Act, 1854 (17 & 18 Viet. c. 125). did not apply. Randall v. Tliomptnn, 1 QBD 748 ; 45 LJ, QB 713 ; 35 LT 193 ; 24 WR 837— CA... | |
 | Owen Davies Tudor - 1884 - 1250 страници
...cited 6 Yes. 818 ; Street v. IM/by, 0 Yes. 815; Wi/ks v. Davis, 8 Mer. 507), nor can it (independently of the Common Law Procedure Act, 1854, 17 & 18 Viet. c. 125) be set up ns a defence to any suit or action relating to a matter agreed to be referred to arbitration.... | |
 | 1885 - 666 страници
...BOWEN, LJ— Section 33 of 27 & 28 Viet. c. cxxv. is framed in terms similar to those of section 1 1 of the Common Law Procedure Act, 1854 (17 & 18 Viet. c. 125). According to the old law an agreement tío refer did not oust the jurisdiction of the Courts... | |
 | Walter Charles Alan Ker - 1894 - 436 страници
...couijter-claiming. Under Ord. XL VIII. r. 1 of the Eules of the Supreme Court, which substantially reproduces s. 78 of the Common Law Procedure Act, 1854 (17 & 18 Viet. c. 125), provision is made for the recovery of chattels by a writ of delivery. The effect of the rule,... | |
 | Robert Campbell - 1895 - 824 страници
...summons to stay proceedings, and to refer the matters in dispute to arbitration, under the llth section of the Common Law Procedure Act 1854 (17 & 18 Viet. c. 125).1 The summons was adjourned into Court, and upon the hearing, WICKENS, VC, was of opinion that... | |
 | James Francis Oswald - 1895 - 340 страници
...(ES C., Ord. XLH., r. 30). This rule appears to have been founded upon the provisions of section 74 of the Common Law Procedure Act, 1854 (17 & 18 Viet. c. 125). At the trial of an action for specific performance Case of an of an agreement to make a road,... | |
 | Sir Mackenzie Dalzell Edwin Stewart Chalmers - 1896 - 530 страници
...in question. This section reproduces, with an extension in one direction, the provisions of sect. 87 of the Common Law Procedure Act, 1854 (17 & 18 Viet. c. 125), set out post, p. 338. That enactment applied only to actions in the Superior Courts. The present... | |
 | Great Britain. State Trials Committee - 1898 - 796 страници
...deliberation; and a special entry was made, stating the case to be one of necessity. The express enactment of the Common Law Procedure Act, 1854, 17 & 18 Viet. c. 125. e. 19, shows how limited the common law pewcr of the judges was in this respect.f/) Further, the... | |
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Olyn, for the plaintiff, contended that, under the 87th section of the Common Law Procedure Act 1854 (17 & 18 Viet. c. 125... 
