Reports of Cases Argued and Determined in the Circuit Court of the United States for the First Circuit: 1854-1856Little, Brown, 1857 |
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Страница 7
... applied ; that also was a suit on a letters patent . The case must be dismissed for want of jurisdiction . F. O. J. Smith , for the plaintiff . Shepley and Dana , contra . Airey et al . v . Merrill . JAMES AIREY SEPTEMBER TERM , 1854 .
... applied ; that also was a suit on a letters patent . The case must be dismissed for want of jurisdiction . F. O. J. Smith , for the plaintiff . Shepley and Dana , contra . Airey et al . v . Merrill . JAMES AIREY SEPTEMBER TERM , 1854 .
Страница 9
... applied to charter - parties ; at least so far as to admonish us not hastily to adopt an interpretation of the phrase , " perils of the seas , " in a bill of lading , or policy of insurance , and ap- ply it to an exception in a covenant ...
... applied to charter - parties ; at least so far as to admonish us not hastily to adopt an interpretation of the phrase , " perils of the seas , " in a bill of lading , or policy of insurance , and ap- ply it to an exception in a covenant ...
Страница 11
... applied to contracts of insurance . The Court of Exchequer rested its decision upon it in Blacket v . The Royal Exchange Insurance Company , 2 Cr . & Jer . 251. In Donnell v . The Col. Ins . Co. , 2 Sum . R. 380 , Mr. Justice Story held ...
... applied to contracts of insurance . The Court of Exchequer rested its decision upon it in Blacket v . The Royal Exchange Insurance Company , 2 Cr . & Jer . 251. In Donnell v . The Col. Ins . Co. , 2 Sum . R. 380 , Mr. Justice Story held ...
Страница 24
... applied in the admiralty , in cases not coming within the excep- tion on account of necessity . The Boston , 1 Sum . 343. And it has been so applied by Mr. Justice Story , in The Hope , 2 Gal . 48 , and by Judge Ware in The William ...
... applied in the admiralty , in cases not coming within the excep- tion on account of necessity . The Boston , 1 Sum . 343. And it has been so applied by Mr. Justice Story , in The Hope , 2 Gal . 48 , and by Judge Ware in The William ...
Страница 25
... applied to the master to have the hides carried , denies that he agreed to have the hides go on deck , or undertook to inquire of the shippers if they would consent thereto . The fact that the bills of lading were made out as for under ...
... applied to the master to have the hides carried , denies that he agreed to have the hides go on deck , or undertook to inquire of the shippers if they would consent thereto . The fact that the bills of lading were made out as for under ...
Чести термини и фразе
action admitted aforesaid agent agreed agreement alleged allowed amount answer appear applied authority award bill Boston cargo cause charge charterers claim common Company complainant condition Congress consider contract course Court CURTIS damages debt decision decree deed defendant direct District Court dollars doubt duty effect equity et al evidence examined execution exist fact follows freight further give given ground held important intended interest issue judgment jurisdiction jury land Large libellant lien master material means Mutual necessary objection opinion owner paid particular parties patent payment person plaintiff port possession present principal proceedings prove purchase question reason received reference respect rule ship Stat statute sufficient suit taken thereof thing tion true United vessel voyage
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Страница 463 - Our constitution declares a treaty to be the law of the land. It is, consequently, to be regarded in courts of justice as equivalent to an act of the legislature, whenever it operates of itself without the aid of any legislative provision. But when the terms of the stipulation import a contract — when either of the parties engages to perform a particular act — the treaty addresses itself to the political, not the judicial department ; and the legislature must execute the contract before it can...
Страница 635 - On the contrary, if war be actually levied, that is, if a body of men be actually assembled for the purpose of effecting by force a treasonable purpose, all those who perform any part, however minute, or however remote from the scene of action, and who are actually leagued in the general conspiracy, are to be considered as traitors.
Страница 583 - ... nor shall any district, or circuit court, have cognizance of any suit to recover the contents of any promissory note, or other chose in action, in favor of an assignee, unless a suit might have been prosecuted in such court to recover the said contents if no assignment had been made, except in cases of foreign bills of exchange.
Страница 330 - ... sue, labor, and travel for, in and about the defense, safeguard and recovery of the said goods and merchandises, or any part thereof, without prejudice to this insurance; nor shall the acts of the insured or insurers, in recovering, saving and preserving the property insured, in case of disaster, be considered a waiver or an acceptance of an abandonment...
Страница 167 - ... of court, so far to alter final process in said courts as to conform the same to any change which might be adopted by the legislatures of the respective states for the state courts.
Страница 500 - Act, which is similar, either in material, quality, texture, or the use to which it may be applied, to any article enumerated in this Act as chargeable with duty, shall pay the same rate of duty which is levied on the enumerated article which it most resembles in any of the particulars before mentioned...
Страница 167 - Jurors to serve in the courts of the United States, in each State respectively, shall have the same qualifications, subject to the provisions hereinafter contained, and be entitled to the same exemptions, as jurors of the highest court of law in such State may have and be entitled to at the time when such jurors for service in the courts of the United States are summoned...
Страница 463 - By whom shall they be ratified and confirmed ? This seems to be the language of contract; and if it is, the ratification and confirmation which are promised must be the act of the legislature. Until such act shall be passed, the court is not at liberty to disregard the existing laws on the subject.
Страница 501 - ... if any non-enumerated article equally resembles two or more enumerated articles, on which different rates of duty are chargeable, there shall be levied...
Страница 50 - ... not exceeding what she can reasonably stow and carry, over and above her tackle, apparel, provisions, and furniture ; and being so loaded, shall therewith proceed to or so near thereunto as she may safely get...