The American Jurist, Volume 12Freeman & Bolles, 1834 - Law |
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Page 67
... salvors parties to the original libel . And if any are omitted , they need not file a new libel , where the property has been already taken possession of and is in the cus- tody of the court under process ; but they may bring forward ...
... salvors parties to the original libel . And if any are omitted , they need not file a new libel , where the property has been already taken possession of and is in the cus- tody of the court under process ; but they may bring forward ...
Page 69
... salvors , Mr. Wheel- wright ( the chief mate of the Padang ) with the assistance of some of the Ewbank's crew , constructed a new rudder , and hung it in a very ingenious and skilful manner ; and a new crew ( in number seven ) having ...
... salvors , Mr. Wheel- wright ( the chief mate of the Padang ) with the assistance of some of the Ewbank's crew , constructed a new rudder , and hung it in a very ingenious and skilful manner ; and a new crew ( in number seven ) having ...
Page 70
... salvors . On the 6th of July another libel was filed by Wheelwright and others ( including all the crew , who navigated the Ewbank into port , except Metcalf ) , stating the general facts , and averring , that there was an entire aban ...
... salvors . On the 6th of July another libel was filed by Wheelwright and others ( including all the crew , who navigated the Ewbank into port , except Metcalf ) , stating the general facts , and averring , that there was an entire aban ...
Page 71
... ( salvors on board of the Ewbank ) two , and the residue of the crew ( four ) one share each . The remaining two fifths of the salvage was decreed to the owner , officers and crew of the Hope , viz . to the owner one half ; the other half ...
... ( salvors on board of the Ewbank ) two , and the residue of the crew ( four ) one share each . The remaining two fifths of the salvage was decreed to the owner , officers and crew of the Hope , viz . to the owner one half ; the other half ...
Page 72
... salvors . There was , however , a studied desire on the part of all the libellants to bring forward in bold relief their own merits , with a studied suppression , or a very feeble acknowledg- ment of the claims of other salvors . The ...
... salvors . There was , however , a studied desire on the part of all the libellants to bring forward in bold relief their own merits , with a studied suppression , or a very feeble acknowledg- ment of the claims of other salvors . The ...
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Popular passages
Page 526 - That all that part of the United States, west of the Mississippi, and not within the states of Missouri and Louisiana, or the territory of Arkansas, and also, that part of the United States east of the Mississippi river, and not within any state to which the Indian title has not been extinguished, for the purposes of this act, be taken and deemed to be the Indian country.
Page 206 - Joint Contractors, or Executors or Administrators, if it shall appear at the Trial or otherwise that the Plaintiff, though barred by either of the said recited Acts or this Act, as to One or more of such Joint Contractors, or Executors or Administrators, shall nevertheless be entitled to recover against any other or others of the Defendants, by virtue of a new Acknowledgment or Promise, or otherwise, Judgment may be given and Costs allowed for the Plaintiff as to such Defendant or Defendants against...
Page 412 - To fine for contempt, imprison for contumacy, enforce the observance of order, etc., are powers which cannot be dispensed with in a court, because they are necessary to the exercise of all others ; and so far our courts no doubt possess powers not immediately derived from statute ; but all exercise of criminal jurisdiction in common law cases we are of opinion is not within their implied powers.
Page 43 - From that time we all know the great study has been to find some certain general principles, which shall be known to all mankind, not only to rule the particular case then under consideration, but to serve as a guide for the future. Most of us have heard these principles stated, reasoned upon, enlarged, and explained, till we have been lost in admiration at the strength and stretch of the human understanding...
Page 332 - Such colonists carry with them only so much of the English law as is applicable to their own situation and the condition of an infant colony; such, for instance, as the general rules of inheritance, and of protection from personal injuries. The artificial refinements and distinctions incident to the property of a great and commercial people...
Page 334 - Two great reasons there were, which caused most of the magistrates and some of the elders not to be very forward in this matter. One was, want of sufficient experience of the nature and disposition of the people, considered with the condition of the country and other circumstances, which made them conceive, that such laws would be fittest for us, which should arise pro re nata upon occasions...
Page 116 - the rule for jurisdiction is that nothing shall be intended to be out of the jurisdiction of a superior court but that which specially appears to be so, and, on the contrary, nothing shall be intended to be within the jurisdiction of an inferior court but that which is so expressly alleged;" and this rule has been so frequently repeated as to have become a maxim in the law.
Page 340 - Where cases are new in their principle, there I admit that it is necessary to have recourse to legislative interposition in order to remedy the grievance; but where the case is only new in the instance, and the only question is upon the application of a principle...
Page 206 - That no action shall be brought whereby to charge any person upon or by reason of any representation or assurance made or given concerning or relating to the character, conduct, credit, ability, trade, or dealings of any other person, to the intent or purpose that such other person may obtain credit, money, or goods upon, unless such representation or assurance be made in writing, signed by the party to be charged therewith.
Page 578 - IN all actions of assumpsit, except on bills of exchange and promissory notes, the plea of non assumpsit shall operate only as a denial in fact of the express contract or promise alleged, or of the matters of fact from which the contract or promise alleged may be implied by law.