Reports of Cases Argued and Determined in the Circuit Court of the United States for the First Circuit: 1854-1856Little, Brown, 1857 - Law reports, digests, etc |
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Page 27
... awarded below . But he did not appeal from the de- cree . It is only where the Circuit Court reverses the decree of the District Court , that it is to proceed to render such a decree as the District Court ought to have rendered . 1 Stat ...
... awarded below . But he did not appeal from the de- cree . It is only where the Circuit Court reverses the decree of the District Court , that it is to proceed to render such a decree as the District Court ought to have rendered . 1 Stat ...
Page 28
... award cannot be accepted if it does not enable the Court , by inspecting it , to separate what was , from what was not awarded within the submission . But a general award of a specific sum , without specifying the items of which it is ...
... award cannot be accepted if it does not enable the Court , by inspecting it , to separate what was , from what was not awarded within the submission . But a general award of a specific sum , without specifying the items of which it is ...
Page 29
... award , and he having done so , it was presented to the Court at the last term , and its ac- ceptance moved by the plaintiff , and opposed by the defend- ant , only one Judge being then present , by consent of par- ties , the case was ...
... award , and he having done so , it was presented to the Court at the last term , and its ac- ceptance moved by the plaintiff , and opposed by the defend- ant , only one Judge being then present , by consent of par- ties , the case was ...
Page 30
... awarded a sum as damages to the plaintiff , for prospective profits not earned by him , contrary to law . Sixth . That it does not appear in and by said award whether the said referee has credited or charged the plaintiff with an amount ...
... awarded a sum as damages to the plaintiff , for prospective profits not earned by him , contrary to law . Sixth . That it does not appear in and by said award whether the said referee has credited or charged the plaintiff with an amount ...
Page 31
... awarded . " And it is insisted by the defendants , that the referee had not authority to include in his award a com- pensation to the plaintiff , for not receiving this stock . The argument is , that this was not a reference of all ...
... awarded . " And it is insisted by the defendants , that the referee had not authority to include in his award a com- pensation to the plaintiff , for not receiving this stock . The argument is , that this was not a reference of all ...
Common terms and phrases
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
Popular passages
Page 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...
Page 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.
Page 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.
Page 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...
Page 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.
Page 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...
Page 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...
Page 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.
Page 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...
Page 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...