 | Joseph Chitty - Parties to actions - 1809 - 686 pages
...an arbitrator in making his award without hearing the defendant and his witnesses, cannot be pleaded in bar to an action on the bond conditioned for the...to the equitable jurisdiction of the court to set abide the award ; neither can a parol agreement between the parties to waive and abandon the award... | |
 | New Jersey. Supreme Court - Law reports, digests, etc - 1829 - 492 pages
...arhitrator in making the award without hearing the defendant and his witnesses, cannot be pleaded at har to an action on the bond conditioned for the performance of the award, but is only matter of application to the equitable jurisdiction of the court to set aside the award. 2 Chitty 477. The... | |
 | Joseph Chitty - Forms (Law) - 1819 - 650 pages
...an arbitrator in making his award without hearing the defendant and his witnesses, cannot be pleaded in bar to an action on the bond, conditioned for the...neither can a parol agreement between the parties to wave and abandon the award be pleaded to such action, 8 East. 344. 1 Saund. 327. an 3. 30, 1. [0nerari... | |
 | Great Britain. Court of King's Bench - Law reports, digests, etc - 1827 - 804 pages
...the defendant further reasonable time to bring forward and examine his witnesses, cannot be pleaded in bar to an action on the bond, conditioned for the performance of the award ; though one of the terms of the submission is, that the arbitrator shall examine the witnesses to... | |
 | William Tidd - Civil procedure - 1828 - 666 pages
...arbitrator, in making his award, without hearing the defendant and his witnesses, cannot be pleaded in bar to an action on the bond, conditioned for the...but is only matter for application to the *equitable [*895] jurisdiction of the court, to set aside the award. ij And the court of King's Bench will not... | |
 | Great Britain. Court of Common Pleas, John Bayly Moore - Law reports, digests, etc - 1828 - 668 pages
...arbitrator, in making his award without hearing the defendant and his witnesses, could not be pleaded in bar to an action on the bond conditioned for the performance of the award ; but was only matter for application to the equitable jurisdiction of the Court to set aside the award.... | |
 | Great Britain. Court of Common Pleas, Niel Gow - Commercial law - 1828 - 266 pages
...Lens, Serjt., for the defendant, insisted, that the arbitrator; this being ground only for applying to the equitable jurisdiction of the Court to set aside the award. Braddick v. Thompson, 8 East. 344. Neither can such matter be given in evidence under a plea of nil... | |
 | Great Britain. Court of Common Pleas, Niel Gow - Commercial law - 1828 - 266 pages
...Lens, Serjt, for the defendant, insisted, that the arbitrator; this being ground only for applying to the equitable jurisdiction of the Court to set aside the award. Braddick v. Thompson, 8 East. 344. Neither can such matter be given in evidence under a plea of nil... | |
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Partiality and improper conduct in an arbitrator in making his award without hearing the defendant and his witnesses, cannot be pleaded in bar to an action on the bond conditioned for the performance of the award, but is only matter for application to... 
