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. 1808 edition. Excerpt: ...of letters testamentary, because these are in effect the same thing.7 Where it was awarded that one of the parties should " withdraw" his action, it was much debated whether his suffering a discontinuance would satisfy the award: the report of the case is far from being clear,8 but the prevailing ...
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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. 1808 edition. Excerpt: ...of letters testamentary, because these are in effect the same thing.7 Where it was awarded that one of the parties should " withdraw" his action, it was much debated whether his suffering a discontinuance would satisfy the award: the report of the case is far from being clear,8 but the prevailing opinion seems to have been that it should not; for by this award, it was said, the party must do an act; he must come into court before the day which was given for the continuance, or before the return of the writ, and say that he will no further proceed in his action, on which the entry on the record is, " that the plaintiff comes in his proper person and says that he will no further proceed in this plea." A discontinuance, however, seems a sufficient performance of such an award, because it has the same effect as a retraxit; for though a retraxit be a bar to another action, which a discontinuance is not, yet by bringing another action after an award of a discontinuance, the party as much disobeys the award, as if he did the same after an award of a retraxit. 6 1 Keb. 790. 865. Bulstr. 67. 7 17 Ed. 4. 3. cited 3 31 Ed. 4. 38, et seq. Where the award orders a release to a time beyond the submission, a release to the time of the submission is sufficient performance.9 Performance by the attorney is equivalent to performance by the principal; as if the award be that the party shall discontinue his suit, a discontinuance by his attorney is sufficient.1 If it be awarded that one of the parties shall pay a sum of money to a stranger and his assigns before a certain day, and before the day, the stranger die, the party must pay the money to the executor or administrator; for these are the assignees in law; and the law is the same, ...
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Add this copy of A treatise on the law of awards. to cart. $36.44, new condition, Sold by Ingram Customer Returns Center rated 5.0 out of 5 stars, ships from NV, USA, published 2010 by Gale, Making of Modern Law.
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Add this copy of A Treatise on the Law of Awards to cart. $66.74, good condition, Sold by Bonita rated 4.0 out of 5 stars, ships from Newport Coast, CA, UNITED STATES, published 2016 by Wentworth Press.
