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
... ; 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 .
... ; 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 21
... suit in rem against the vessel , to recover the value of the goods lost or dam- aged , the master is an interested witness ; but a release from some of the part owners renders him competent . Though delivery may be made by landing ...
... suit in rem against the vessel , to recover the value of the goods lost or dam- aged , the master is an interested witness ; but a release from some of the part owners renders him competent . Though delivery may be made by landing ...
Страница 23
... suit . If a recovery is had against the vessel , the master will be lia- ble to the owners for the amount of damages and costs which they will have been obliged to pay . In such a case it is well settled , at the common law , that the ...
... suit . If a recovery is had against the vessel , the master will be lia- ble to the owners for the amount of damages and costs which they will have been obliged to pay . In such a case it is well settled , at the common law , that the ...
Страница 66
... suit in equity , brought by the owners and underwriters of the bark Vernon , against the owners of the cargo of that vessel , to obtain from the latter contribution in general average . The material facts are , that the bark , having a ...
... suit in equity , brought by the owners and underwriters of the bark Vernon , against the owners of the cargo of that vessel , to obtain from the latter contribution in general average . The material facts are , that the bark , having a ...
Страница 79
... suit was , whether the libel states a case within the admiralty jurisdic- tion of the Court . Its substance is , that the libellant , together with George B. Kellum , Magnus Ventris , and Caleb B. Watts , in February , 1852 , purchased ...
... suit was , whether the libel states a case within the admiralty jurisdic- tion of the Court . Its substance is , that the libellant , together with George B. Kellum , Magnus Ventris , and Caleb B. Watts , in February , 1852 , purchased ...
Чести термини и фразе
Act of Congress action admiralty admitted aforesaid agent agreed alleged allowed amount answer appear applied assigns averment award bill bills of lading Bonaire Boston brig cargo charge charter-party charterers claim claimant clause collision commissioner Company complainant consider contract counsel Court of Equity covenant creditor CURTIS damages debt declaration decree deed defendant District Court duty et ux evidence execution fact Francis O. J. Smith fraud freight indictment intended interest issue judgment jurisdiction jury land libellant lien Marine maritime lien Massachusetts master McKay McLimont ment mortgage Mutual offence opinion orators owner paid parties patent payment person plaintiff port proceedings question R. H. Dana reason Rhode Island rule sailing SAMUEL F. B. MORSE Seagrave ship Stat statute steamer suit Supreme Court testator therein thereof tion treaty United vessel voyage Wyman
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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...