Queen's Bench and Practice Court Reports Volume 3

Queen's Bench and Practice Court Reports Volume 3

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1881 edition. Excerpt: ... or for the sum of 554 5s. 3d., being the sum sworn to by the plaintiff in his aflidavit filed as being due to him from the defendant: or that he should be allowed to enter judgment and sue out execution as aforesaid, unlesss defendant should, on or before 18th June instant, effectually carry out the reference to arbitration by enlarging the time, or entering into a new submission: and he moved also for costs to be paid by defendant under the rule of reference, for wilfully preventing the arbitrators 'from making an award. The aflidavits shewed that the arbitrators chose an umpire, intending that the three should sit together and hear the case; that a day and place were appointed by the arbitrators; and, upon notice thereof, both plaintiff and defendant attended with their evidence, &c., and that the arbitrator chosen by defendant did not attend; and in consequence they could not then proceed. The defendant swore that his arbitrator's absence was occasioned by illness; that he was exceedingly anxious to have the meeting postponed to the next day, or some other day within the time limited, but that the other arbitrator declined. The plaintiff swore to his belief that the defendant's arbitrator was absent at his request, or by his coutrivance. The defendant, on oath, denied this. The arbitrator (Jones) who stayed away, had declined or omitted to give any account of the cause of his absence. RonmsoN, C. J., delivered the judgment of the court. Looking at the aflidavit on which the rule was moved, we'do not consider that we can properly go farther in this case, the verdict which was taken by consent being for a large amount, than to remove the impediment to the plaintiff 's further proceeding by setting...show more

Product details

  • Paperback | 294 pages
  • 189 x 246 x 16mm | 531g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236965825
  • 9781236965820