General Books publication date: 2009 Original publication date: 1872 Original Publisher: Little, Brown Subjects: Arbitration and award Notes: This is a black and white OCR reprint of the original. It has no illustrations and there may be typos or missing text. When you buy the General Books edition of this book you get free trial access to Million-Books.com where you can select from more than a million books for free. Excerpt:, Where the submission is made pendente lite, and provides that judgment shall be entered on the award
without exception or appeal, this will not make the agreement an excess of authority on the part of the attorney. For such words would not prevent the court from interfering in a suitable case.1 A corporation will be bound, like any other client, by the submission of its counsel entered into in a cause, and it is not necessary that there should be any document executed under the corporate seal in order to confer authority upon the counsel.2 An attorney’s consent to an enlargement of time under a submission binds the client.3 The assent of all the members of a firm to a parol submission will be presumed from the fact of the appearance of their attorney for them before the arbitrator, though only one of them requested the arbitrator to act.4 Executors and Administrators. – At common law an executor or administrator may, in his official capacity, submit to arbitration demands for or against the estate.5 This rule is said to be based upon the fact that the administrator has power to prosecute or defend suits.6 The award will be binding against him in his fiduciary capacity,7 and against the creditors of the estate.3 The settlement or liquidation thus effectedwill be equally good, as against legatees or distributees, as if accomplished in any other manner.1 A contrary opinion as to the general right to submit has been expressed in Louisiana, where it was said that, although it ought to be conceded that administrators have no right t…