The American Jurist: And Law Magazine, Volume 25Freeman & Bolles, 1843 - Law |
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Page 22
The wisdom of his decrees was the theme of universal eulogy. The only failing
which the most captious could pretend to detect in his judgments was, that he
sometimes betrayed an inclination rather to base them exclusively on the
foundation ...
The wisdom of his decrees was the theme of universal eulogy. The only failing
which the most captious could pretend to detect in his judgments was, that he
sometimes betrayed an inclination rather to base them exclusively on the
foundation ...
Page 119
The jurisdiction of the admiralty does not depend upon the particular name or
character of the instrument, but whether it imports to be a maritime contract. Ib. 4.
(Appeal in.) No appeal lies from a decree of the district court in an admiralty
cause, ...
The jurisdiction of the admiralty does not depend upon the particular name or
character of the instrument, but whether it imports to be a maritime contract. Ib. 4.
(Appeal in.) No appeal lies from a decree of the district court in an admiralty
cause, ...
Page 120
To make a decree in a salvage case positively final, all the charges and
expenses should be ascertained, and the salvage apportioned, and the rights of
each salvor definitely fixed, so that he may appeal therefrom, if he chooses. Ib. 10
.
To make a decree in a salvage case positively final, all the charges and
expenses should be ascertained, and the salvage apportioned, and the rights of
each salvor definitely fixed, so that he may appeal therefrom, if he chooses. Ib. 10
.
Page 126
... that the master is not a competent witness for the libellant to establish the
necessity of the repairs; as the decree would be evidence of this necessity in a
suit brought against him by the owner for improper conduct in directing the
repairs.
... that the master is not a competent witness for the libellant to establish the
necessity of the repairs; as the decree would be evidence of this necessity in a
suit brought against him by the owner for improper conduct in directing the
repairs.
Page 155
The capture of a neutral ship and cargo, if afterwards restitution is decreed, does
not dissolve the contract of affreightment; but, at most, it only suspends it during
the prize proceedings. Ib. 7. (Same—unlivery.) A mere unlivery of the cargo ...
The capture of a neutral ship and cargo, if afterwards restitution is decreed, does
not dissolve the contract of affreightment; but, at most, it only suspends it during
the prize proceedings. Ib. 7. (Same—unlivery.) A mere unlivery of the cargo ...
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acceptance according action afterwards agreement allowed American amount answer appear applied appointed assignment become bill called cause charge chief circumstances claim common consideration considered constitution contract course court creditors debts decree deed defendant duty effect English entitled equity evidence executed existence fact give given Grant held honor insured interest judge judgment justice land letters limited lord loss manner master means ment nature necessary notary notice object original owner paid particular party payment person plaintiff possession practice present principal protest provision purchase question reason received reference refused regard relation require respect Roman rule seems ship statute sufficient suit Sumner taken term thing third tion trust United vessel voyage whole wife witness
Popular passages
Page 308 - God hath made of one blood all nations of men to dwell on the face of the earth...
Page 5 - He that holdeth his lands in fee, Need neither to shake nor to shiver, I humbly conceive ; for look, do you see, They are his and his heirs for ever.
Page 129 - It shall be their duty where the laws of the country permit, to take possession of the personal estate left by any citizen of the United States, other than seamen belonging to any ship or vessel who shall die within their consulate; leaving there no legal representative, partner in trade or trustee by him appointed to take care of his effects, they shall inventory the same with the assistance of two merchants of the United States...
Page 368 - An act to repeal an act of the present session of parliament, intituled, An act for the more effectual abolition of oaths and affirmations taken and made in various departments of the state, and to substitute declarations in lieu thereof, and for the more entire suppression of voluntary and extra-judicial oaths and affidavits, and to make other provisions for the abolition of unnecessary oaths.
Page 75 - I am informed that you are in possession of, or claim title to, the premises in this declaration of ejectment mentioned, or to some part thereof, and I, being sued in this action as...
Page 368 - ' more effectual Abolition of Oaths and Affirmations taken " ' and made in various Departments of the State, and to " ' substitute Declarations in lieu thereof, and for the more " ' entire Suppression of voluntary and extra-judicial Oaths " ' and Affidavits,' and to make other Provisions for the " Abolition of unnecessary Oaths.
Page 67 - And these fictions of law, though at first they may startle the student, he will find upon further consideration to be highly beneficial and useful ; especially as this maxim is ever invariably observed, that no fiction shall extend to work an injury; its proper operation being to prevent a mischief, or remedy an inconvenience, that might result from the general rule of law.
Page 128 - ... the advantages of which he is desirous of securing to himself and his legal representatives : he therefore prays that letters patent of the United States may be issued, granting unto your petitioner, his heirs, administrators, or assigns, the full and exclusive right of making, constructing, using, and vending to others to be used...
Page 265 - Every particular trader has some particular mark or stamp ; but I do not know any instance of granting an injunction here, to restrain one trader from using the same mark with another ; and I think it would be of mischievous consequence to do it.
Page 75 - Court ; and then and there, by a rule to be made of the same Court, to cause yourself to be made defendant in my stead ; otherwise, I shall suffer judgment to be entered against me by default, and you will be turned out of possession.