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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Results 1-5 of 85
Page 27
... respect to the amount of damage I affirm the judgment of the District Court . The libellant having taken additional evidence on the question of damages , has sought to increase the sum awarded below . But he did not appeal from the de ...
... respect to the amount of damage I affirm the judgment of the District Court . The libellant having taken additional evidence on the question of damages , has sought to increase the sum awarded below . But he did not appeal from the de ...
Page 35
... respecting this stock , did not amount to a payment pro tanto , and so did not reduce his claim ; must not the referee have decided that question ? and if he decided it in favor of the plaintiff , must he not have gone on and put a ...
... respecting this stock , did not amount to a payment pro tanto , and so did not reduce his claim ; must not the referee have decided that question ? and if he decided it in favor of the plaintiff , must he not have gone on and put a ...
Page 43
... respect to offenders for any crime or offence against the United States , by arresting , imprisoning , or bailing the same , under and by virtue of the thirty - third section of the act of Septem- ber 24 , 1789 , ( 5 Stat . at Large ...
... respect to offenders for any crime or offence against the United States , by arresting , imprisoning , or bailing the same , under and by virtue of the thirty - third section of the act of Septem- ber 24 , 1789 , ( 5 Stat . at Large ...
Page 57
... respect to the claim for the cost of raising money at Fayal , I am of opinion that the owners are entitled to be paid the reasonable and necessary cost of raising so much money there , as was spent by the master there on account of the ...
... respect to the claim for the cost of raising money at Fayal , I am of opinion that the owners are entitled to be paid the reasonable and necessary cost of raising so much money there , as was spent by the master there on account of the ...
Page 76
... respect the decree of the District Court must be affirmed . It remains to consider the other claims ; - and first , that for a general average contribution . This is a novel question of much interest . Whether such a claim can ever ...
... respect the decree of the District Court must be affirmed . It remains to consider the other claims ; - and first , that for a general average contribution . This is a novel question of much interest . Whether such a claim can ever ...
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...