The Revised Reports; Being a Republication of Such Cases in the English Courts of Common Law and Equity

The Revised Reports; Being a Republication of Such Cases in the English Courts of Common Law and Equity : From the Year 1785, as Are Still of Practical Utility Volume 42

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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. 1899 edition. Excerpt: ...J. on the 20th. It is clear that this award cannot be sustained. The arbitrator had no power to direct a verdict to be entered, without having such authority conferred in express terms. Donlan v. Br-ett(1) is conclusive. (1) 41 R. R. 453 (2 Ad. & EL3-14). I am of the same opinion. Besides )o/(Ian v. Brett (1), Bonner l'Hll iAPsv. C/1m'lton (2) shows that the arbitrator had not the power which he has assumed. I am of the same opinion. The arbitrator has clearly exceeded his power. Donlan v. Brett (1) is decisive on two points: first, that the arbitrator here had no power to order a verdict to be entered; secondly, that his making such an order cannot be construed as an order to pay the money. It was also contended that the objection to the award had been waived. I do not think that has been satisfactorily made out. The facts come merely to this: that the defendant's attorney, on notice, attended the taxation; and, afterwards, to prevent his client from being pressed, endeavoured to obtain an indulgence as to time on the best terms he could get. The facts did not amount to any thing like what ought to be required to establish a waiver. John Jervis then suggested that the award should be set aside only as to part, being good for a part. Per CURIa.I: We think it bad altogether. Rule absolute for netting aside the award, the defendant mulertaking not to bring any action, and the plaintiff' to be at liberty again to proceed to trial. (1) 41 12.11. 4.53 (2 Ad. & El. 344). (2) 1 R. R. sea (5 Em, 139). Indictment for a nuisance, by erecting and continuing piles and planking in a harbour, and thereby obstructing it and rendering it insecure. Special verdict, that, by the defendant's works, the harbour is in some...
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Product details

  • Paperback | 314 pages
  • 189 x 246 x 17mm | 562g
  • United States
  • English
  • black & white illustrations
  • 123686669X
  • 9781236866691