A Treatise on the Law of AwardsWilliam P. Farrand and Company, 1808 - 583 |
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Strona 8
... unless the parties bound themselves reciprocally , either to perform what should be awarded , or to incur the for- feiture of a sum of money , or of some other specific thing ; except in the case where the parties were mutual debtors ...
... unless the parties bound themselves reciprocally , either to perform what should be awarded , or to incur the for- feiture of a sum of money , or of some other specific thing ; except in the case where the parties were mutual debtors ...
Strona 19
... unless there had been an actual reference , in support of which they urged the authority of the case of Kill and Hollister before mentioned.3 The Lord Chancellor ' observed , that in the cases at law , scarce a hint occurred , where an ...
... unless there had been an actual reference , in support of which they urged the authority of the case of Kill and Hollister before mentioned.3 The Lord Chancellor ' observed , that in the cases at law , scarce a hint occurred , where an ...
Strona 20
... unless it could hold as a bar to the ac- tion itself , it could not prevail here ; and on this ground the plea must be over - ruled . " And parties cannot be precluded from pursuing their right in the ordinary course , by any ...
... unless it could hold as a bar to the ac- tion itself , it could not prevail here ; and on this ground the plea must be over - ruled . " And parties cannot be precluded from pursuing their right in the ordinary course , by any ...
Strona 26
... unless it was ex- pressed in the rule of reference to have been so agreed . ' The extent of the submission may be va- Extent of the rious according to the pleasure of the parties ; it may be of one particular matter only , or of many ...
... unless it was ex- pressed in the rule of reference to have been so agreed . ' The extent of the submission may be va- Extent of the rious according to the pleasure of the parties ; it may be of one particular matter only , or of many ...
Strona 34
... unless it be waived by an agreement in writing . Thus in Shippen's Lessee v . Bush , 1 Dall . 251. a motion was made for the appointment of referees in the absence of the opposite counsel , though as was said by agreement . But the ...
... unless it be waived by an agreement in writing . Thus in Shippen's Lessee v . Bush , 1 Dall . 251. a motion was made for the appointment of referees in the absence of the opposite counsel , though as was said by agreement . But the ...
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Kluczowe wyrazy i wyrażenia
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
Popularne fragmenty
Strona 279 - ... all, and all manner of action and actions, cause and causes of action, suits, debts...
Strona 276 - ... perform, fulfil, and keep the award, order, arbitrament, final end, and determination of...
Strona 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.
Strona 277 - ... then this obligation to be void, or else to remain in full force and virtue of law.
Strona 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...
Strona 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...
Strona 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...
Strona 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.