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Holland against Brooks

Nominate Series Cited authorities 2 Cited in Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date05 February 1795
Date05 February 1795
CourtCourt of the King's Bench

English Reports Citation: 101 E.R. 489

IN THE COURT OF KING'S BENCH.

Holland against Brooks

7 T. R. 73.

holland against bkooks. Thursday, Feb. 5th, 1795. A party cannot, in shewing cause against an attachment for not performing an award, impeach the award for defects not appearing on it. [7 T. E. 73.] Parke, in shewing cause against a rule for an attachment for not performing an award, resisted the application on several grounds, not appearing on the face of the award, but verified by affidavit; as that the arbitrator had not made the award within the time prescribed, and that the plaintiff had since the submission become a married woman. Parke in support of the rule, admitted that it was competent to the other party at any period within the time limited to impeach the award for defects appearing on the award itself, but objected to its being impeached in this stage on account of intrinsic matter; observing that the adverse party should have made a specific motion for that purpose, and that if he were now permitted to object to the award for matter not appearing on it, the defendant would be surprised, and could have no previous information of the ground on which the other...

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