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 100
Page 13
... necessary to go into a minute examination of the evidence concerning them , because I am of opinion that I cannot treat the value of the vessel as ma- terially diminished by the stranding . It is not so pleaded in the answer , which ...
... necessary to go into a minute examination of the evidence concerning them , because I am of opinion that I cannot treat the value of the vessel as ma- terially diminished by the stranding . It is not so pleaded in the answer , which ...
Page 17
... necessary to make large expenditures , and new permanent works to restore their value even in part , and that the increased rent of fourteen thousand dollars obtained in 1850 was fairly attributable to an increased value of the mills by ...
... necessary to make large expenditures , and new permanent works to restore their value even in part , and that the increased rent of fourteen thousand dollars obtained in 1850 was fairly attributable to an increased value of the mills by ...
Page 20
... necessary inquiries , and learning from them what they could testify . One of the defendants has made affidavit that their testimony is newly discovered . When and how it was dis- covered , and whether the defendants , or some of them ...
... necessary inquiries , and learning from them what they could testify . One of the defendants has made affidavit that their testimony is newly discovered . When and how it was dis- covered , and whether the defendants , or some of them ...
Page 24
... necessary to detail the evidence , or the considerations , which , upon a careful examination of it , have left serious doubts on my mind con- cerning the correctness of the master's last deposition . He is a released witness ...
... necessary to detail the evidence , or the considerations , which , upon a careful examination of it , have left serious doubts on my mind con- cerning the correctness of the master's last deposition . He is a released witness ...
Page 39
... necessary to a determina- tion of the matter submitted to him , is final , and binding on the parties , in the absence of fraud and under regular pro- ceedings in which no improper conduct is alleged . We are satisfied of the ...
... necessary to a determina- tion of the matter submitted to him , is final , and binding on the parties , in the absence of fraud and under regular pro- ceedings in which no improper conduct is alleged . We are satisfied of the ...
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...