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" Court, that if there had been a reference depending, or made and determined, it might have been a bar ; but the agreement of the parties cannot oust this Court; and as no reference has been, nor any is depending, the action is well brought, and the plaintiff... "
A Practical Treatise Or Compendium of the Law of Marine Insurances - Page 194
by John Ilderton Burn - 1801 - 235 pages
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A System of the Law of Marine Insurances: With Three Chapters on Bottomry ...

Sir James Allan Park - 1799 - 664 pages
...whether this action would lie before a reference had been made ; and it was held by the whole court, that if there had been a reference depending, or made...as no reference has been, nor any is depending, the a&ion is well brought, and the plaintiff muft have judgment. i Having thus feen in what courts the...
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Reports of Cases Argued and Adjudged in the King's Courts at ..., Volume 1

Great Britain. Court of King's Bench, George Wilson - 1799 - 448 pages
...reference de- °f » lof» or pending, or made and determined, it might have been at bar, but *"i>utc> the agreement of the parties cannot ouft this court...depending, the action is well brought, and the plaintiff mud have judgment. there mud be a determination in the T" the ele&ion, before the action for „/'*'...
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Reports of Cases Argued and Adjudged in the King's Courts at ..., Volume 1

Great Britain. Court of King's Bench, George Wilson - 1799 - 426 pages
...there had been a reference de- °f * loft or pending, or made and determined, it might have been at bar, but the agreement of the parties cannot ouft...as no reference has been, nor any is depending, the acUon is well brought, and the plaintiff muft have judgment. VOL. I. Anonymous. BR Leave to TnOOLE...
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A System of the Law of Marine Insurances: With Three Chapters on Bottomry ...

James Allan Park - 1800 - 690 pages
...was held by the of thin JUM'I- whole court, that if there had been a reference depending, or dictioin made and determined, it might have been a bar ; but the agreement ot the parties cannot outt this court ; and as no reference has been, nor any is depending, the action...
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A Practical and Elementary Abridgment of the Cases Argued and ..., Volume 2

Charles Petersdorff - 1830 - 566 pages
...been made. arisH pre pcr cur If there had been a reference mado, pending, or determined, it ve" . e might have been a bar, but the agreement of the parties cannot oust the Court from suin« of its jurisdiction; and as no reference has been, nor any pending, the...
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A Practical Treatise on the Law of Contracts: Not Under Seal; and Upon the ...

Joseph Chitty - 1834 - 850 pages
...point was reserved, and the court said, — " If there had been a reference depending, or made, or determined, it might have been a bar ; but the agreement of the parties cannot oust this court ; and as no reference has been made, nor is any depending, the action is well brought,...
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A Treatise on the Principles of the Law of Marine Insurance: In ..., Volume 644

Francis Hildyard - 1845 - 894 pages
...law and equity (ff) 2 Atkyns, 359- of their jurisdiction. made ; and it was held by the whole Court, that if there had been a reference depending, or made...been a bar : but the agreement of the parties cannot oust this Court ; and as no reference has been, nor any is depending, the action is well brought, and...
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A New Abridgment of the Law with Large Additions and Corrections, Volume 6

Matthew Bacon, Sir Henry Gwilliam, Charles Edward Dodd - 1846 - 890 pages
...whether this action would lie before a reference had been made; and it was held by the whole court, that if there had been a reference depending, or made...been a bar; but the agreement of the parties cannot oust this court; and as no reference has been, nor any is depending, the action is well brought, and...
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Queen's Bench Reports, Volume 7

Great Britain. Court of King's Bench, John Leycester Adolphus, Great Britain. Court of Queen's Bench, Thomas Flower Ellis - 1847 - 1142 pages
...reference, the Court said : " if there had been a reference depending" "it might have been a bar," but, " as no reference has been, nor any is depending, the action is well brought." In Thompson v. Chat-nock (c) no reference was depending. And, in Gate v. Bishop of Carlisle (d\ where,...
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A Treatise on the Power and Duty of an Arbitrator, and the Law of ...

Francis Russell - 1849 - 1020 pages
...& (*) Harris v. Reynolds, 7 QB Ten., p. 790, 4th ed. ; Doe d. Mor- 71. si a<lded tne expression, " that if there had been a reference depending, or made and determined, it might have been a bar; but as no reference has been, nor any depending, the action is well brought" (/). So also in another action...
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