Jackson ex dem. Van Alen & Van Alen v. Ambler
New York Supreme Court
THE plaintiff in this suit having recovered a agninst the defendant, in an action of ejectment, in order to vive the same, issued a scire facias, tested the 26th of October, 1814, returnable during the same term, against the defendant; to which the defendant appeared, and pleaded, that between the rendition of the judgment and the issuing the scire facias the sors of the plaintiff died, leaving heirs at law entitled to the . ii* • • mises recovered, who, m conjunction with…
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THE plaintiff in this suit having recovered a agninst the defendant, in an action of ejectment, in order to vive the same, issued a scire facias, tested the 26th of October, 1814, returnable during the same term, against the defendant; to which the defendant appeared, and pleaded, that between the rendition of the judgment and the issuing the scire facias the sors of the plaintiff died, leaving heirs at law entitled to the . ii* • • mises recovered, who, m conjunction with the plaintiff s attor-, , , » r _ -in J. . ney, on the 8th ot June, 18152, with all persons claiming any leresl or estate…
1Opinion of the CourtSpencer, J.
This case has been very ably and elaborately argued, and has received all the examination in our power to give it.^It cannot, at this' day, be controverted, that courts of justice are liberal in their construction of awards; many cases in which they were formerly held to be void as uncertain, or wanting mutuality, have, for a long series of years, been overruled; and we have no rea- ' son to regret the change. Arbitrations are domestic tribunals; '■ the arbitrators are chosen by the parties themselves, and fre- 1 quently mingle in their decisions their own knowledge of the i matters in…
2Cited by27 opinions
- Herbst v. . HagenaersNew York Court of Appeals · 1893
- Harrington v. HighamNew York Supreme Court · 1853
- Tide Water Canal Co. v. ArcherCourt of Appeals of Maryland · 1839
- Goodwine v. MillerIndiana Supreme Court · 1869
- Tucker v. PageIllinois Supreme Court · 1873
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