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AMICABLE

Categories: Contracts

Definition (1910 Edition)

Friendly; mutually forbearing; agreed or assented to by parties having conflicting interests or a dispute; as opposed to hostile or adversary. —Amicable action. In practice. An action between maa & parties. An action brought and carried on by the mutual consent and arrangement of the parties, in order to obtain the judgment of the court on a doubtful question of law, the facts being usually settled by agreeiment. Lord v. Veazie, 8 How. 251, 12 L. Ed. 1067.—Amicable compounders. In Louisiana law and practice. ‘There are two sorts of arbitrators,—the arbitrators properly so called, and the amicable compounders. he arbitrators Gught to determine as judges, agreeably to the strictness of law. Amicable compounders are authorized to abatersomething of the strictness of the law in favor of natural equity. Amicable compounders are in other respects subject to the same rules which are provided for the arbitrators by the present title.” Civ. Code La. arts. 3100, 3110.—Amicable suit. The words “arbitration” and “amicable lawsuit,’? used in an obligation or agreement between parties, are not conyertible terms. The former carries with it the idea of settlement by disinterested third parties, and the latter by a friendly submission of the points in dispute to a judicia] tribunal to be determined in accordance with the forms of law. Thompson v. Moulton, 20 La. Ann. 635.
Source: Black's Law Dictionary, 2nd Edition (1910) — Public Domain. UK commentary and modern updates are original additions. This entry is for educational reference only and does not constitute legal advice.