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 |
From inside the book
Results 1-5 of 78
Page 63
... complainants caused to be pre- pared a general average adjustment , showing the amount of the losses , damages , and expenses incurred by reason of the injury to , and repairs and getting off of said vessel , and of the apportionment ...
... complainants caused to be pre- pared a general average adjustment , showing the amount of the losses , damages , and expenses incurred by reason of the injury to , and repairs and getting off of said vessel , and of the apportionment ...
Page 68
... complainants have a claim for con- tribution , and no doubt is felt that there is jurisdiction in equity to enforce it . 1 Story's Eq . § 490 ; Ab . on Sh . 507 ; Doane v . Keating , 12 Leigh's R. 391 . Choate and F. C. Loring , for the ...
... complainants have a claim for con- tribution , and no doubt is felt that there is jurisdiction in equity to enforce it . 1 Story's Eq . § 490 ; Ab . on Sh . 507 ; Doane v . Keating , 12 Leigh's R. 391 . Choate and F. C. Loring , for the ...
Page 176
... complainant claims to be the assignee of Hubbell , Thatcher & Greene's rights under this contract , and he avers that the respondents , being Mason's assignees , have gone into possession of the mortgaged premises , and taken the rents ...
... complainant claims to be the assignee of Hubbell , Thatcher & Greene's rights under this contract , and he avers that the respondents , being Mason's assignees , have gone into possession of the mortgaged premises , and taken the rents ...
Page 177
... complainant can truly aver by way of amendment of the bill , that the other cestuis que trust have no interest , or that their interests have passed to the defendants , as was sug- gested at the bar , I am of opinion this would remove ...
... complainant can truly aver by way of amendment of the bill , that the other cestuis que trust have no interest , or that their interests have passed to the defendants , as was sug- gested at the bar , I am of opinion this would remove ...
Page 183
... complainant holds the first of these views , and has , addressed to the Court a learned and ingen- ious argument in support of it . But we are clearly of opin- ion that it cannot be maintained . Upon a subject which has been adjudicated ...
... complainant holds the first of these views , and has , addressed to the Court a learned and ingen- ious argument in support of it . But we are clearly of opin- ion that it cannot be maintained . Upon a subject which has been adjudicated ...
Common terms and phrases
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
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...