The Court of Arbitration Its Advantages And Importance to Business Men An Addr
The Court of Arbitration Its Advantages And Importance to Business Men An Addr
Elliott Fitch Shepard
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His ignorance of his own rights will not cause him to fail of justice. The ingenuity of his adversary cannot defeat him if the right be on his side. The judge is to do equity between the parties, and not merely to decide a case as the parties leave it, if it is evident that either 5 of them has fallen into error or mistake which ought to be avoided or corrected. The case of Macfarlajtd & Co. Vs. R. & C, Dkgener is in point. Tliere the plaintiff and defendant came togetlier before the Arbitra- t...or, and orally submitted their cause. The plaintiff said the defend- ant owed him $1, 202 89. The defendant denied his liability, but said he should pay at once if the case went against him. This he had the pleasure of doing, as the Arbitrator clearly perceived, and decided that he was liable. This he actuall)'^ did in about half an hour after entering the court room. The practice in the courts of law make such a case impossible of occurrence in them. Such a case seems to carry the administration of justice back to its pristine glory in the patriarchal times, when the head of the tribe sat in the gate of the city and dispensed justice, himself protecting the weak and defending the ignorant.
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