The Admiralty Jurisdiction: Law and Practice of the Courts of the United States: with an Appendix, Containing the New Rules of Admiralty Practice Prescribed by the Supreme Court of the United States, Those of the Circuit and District of the United States for the Northern District of New-York, and Numerous Practical FormsW. C. Little & Company, 1857 - Admiralty |
From inside the book
Results 1-5 of 38
Page 48
... libellant . But it is a principle of this form of action , that ( as it is usually expressed ) all the world are parties to it , and , as a legal consequence , that all the world are bound by the decree . The effect of the sale ...
... libellant . But it is a principle of this form of action , that ( as it is usually expressed ) all the world are parties to it , and , as a legal consequence , that all the world are bound by the decree . The effect of the sale ...
Page 58
... libellant . It seems hardly necessary to add that the libel was dismissed for want of jurisdiction in the district court , and that the decision was affirmed in the appellate courts . Bogart et al . v . The John Jay , 17 Howard's R ...
... libellant . It seems hardly necessary to add that the libel was dismissed for want of jurisdiction in the district court , and that the decision was affirmed in the appellate courts . Bogart et al . v . The John Jay , 17 Howard's R ...
Page 61
... libellant ; such creditor or petitioner having had a lien on the property from which the moneys were produced . The peculiar feature of this case is , that the petitioner does not ask for the surplus funds of the defendants , but for ...
... libellant ; such creditor or petitioner having had a lien on the property from which the moneys were produced . The peculiar feature of this case is , that the petitioner does not ask for the surplus funds of the defendants , but for ...
Page 66
... libellant , pending the suit . Whether these rights are exactly coex- tensive is a question to which the reported judicial ( a ) The Tobago , 5 Robinson's Adm . R. , 221 . ( b ) The Marianna , 6 id . , 24 ; The Frances , 8 Cranch's R ...
... libellant , pending the suit . Whether these rights are exactly coex- tensive is a question to which the reported judicial ( a ) The Tobago , 5 Robinson's Adm . R. , 221 . ( b ) The Marianna , 6 id . , 24 ; The Frances , 8 Cranch's R ...
Page 67
... libellant may be exercised by one who , from the nature of his interests , would not be entitled to pay- ment out of the surplus proceeds . Speaking generally of the sort of interest requisite to establish a persona standi in judicio ...
... libellant may be exercised by one who , from the nature of his interests , would not be entitled to pay- ment out of the surplus proceeds . Speaking generally of the sort of interest requisite to establish a persona standi in judicio ...
Other editions - View all
The Admiralty Jurisdiction: Law and Practice of the Courts of the United ... No preview available - 2019 |
Common terms and phrases
Abbot on Shipping admiralty jurisdiction affreightment applied authority bill of lading Boston bottomry bond bound Brig cargo CHAP charter-party charterer cited claim close-hauled collision commerce common carriers common law consignee contract Court of Admiralty crew Curtis's Decis damages decided decision decree deemed District Court doctrine Dodson's duty enforced England entitled exercise extend foreign freight Gallison's held Howard's hypothecation injury Insurance judgment judicial Justice STORY Kent's Comm larboard learned judge liable libellant lien Lord STOWELL Lord TENTERDEN loss mariner maritime law maritime lien Mason's master material-men ment navigation necessity New-York onus probandi opinion owner parties payment peril personam persons Peters's pilot port possession principle proceeding proceeds question rendered respect Robinson's rule sailing vessels salvage salvors schooner seamen ship or vessel ship-owner shipper starboard tack steamers stipulated Story on Bailments Story's suit Sumner's Supreme Court tion United usage voyage wages Ware's Wheaton's
Popular passages
Page 243 - The liability of the owner of any vessel for any embezzlement, loss or destruction by any person of any property, goods or merchandise, shipped or put on board of such vessel, or for any loss, damage or injury by collision, or for any act, matter or thing, loss, damage or forfeiture, done, occasioned or incurred, without the privity or knowledge of such owner or owners, shall in no case exceed the amount or value of the interest of such owner in such vessel and her freight then pending.
Page 92 - And the said records and judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the State from whence the said records are or shall be taken.
Page 208 - ... shall lade the same as freight or baggage, on any vessel, without at the time of such lading giving to the master, clerk, agent, or owner of such vessel receiving the same a written notice of the true character and value thereof, and having the same entered on the bill of lading therefor, the master and owner of such vessel shall not be liable as carriers thereof in any form or manner ; nor shall any such master or owner be liable for any such goods beyond the value and according to the character...
Page 295 - That all pilots in the bays, inlets, rivers, harbors, and ports of the United States shall continue to be regulated in conformity with the existing laws of the States, respectively, wherein such pilots may be, or with such laws as the States may respectively hereafter enact for the purpose, until further legislative provision shall be made by Congress.
Page 244 - ... transfer his interest in such vessel and freight for the benefit of such claimants to a trustee to be appointed by any court of competent jurisdiction, to act as such trustee for the person who may prove to be legally entitled thereto : from and after which transfer all claims and proceedings against the owner shall cease.
Page 1 - ... exclusive original cognizance of all civil causes of admiralty and maritime jurisdiction, including all seizures under laws of impost, navigation or trade of the United States, where the seizures arc made on waters which are navigable from the sea by vessels of ten or more tons burden, within their respective districts, as well as upon the high seas; saving to suitors, in all cases, the right of a common law remedy, where the common law is competent to give it...
Page 244 - ... vessel, or any of them, may take the appropriate proceedings in any court, for the purpose of apportioning...
Page 226 - Lisbon (the Act of God, the Queen's Enemies, Fire, and all and every other Dangers and Accidents of the Seas, Rivers, and Navigation...
Page 405 - ... all sailing ships whether on the port or starboard tack, and whether closehauled or not, unless the circumstances of the case are such as to render a departure from the rule necessary in order to avoid immediate danger, and subject also to the proviso that due regard shall be had to the dangers of navigation, and, as regards tailing ships on the starboard tack close-hauled, to the keeping such ships under command.
Page 231 - Bank, 6 How. 344, 382, said that a common carrier was in the exercise " of a sort of public office, and has public duties to perform, from which he should not be permitted to exonerate himself without the assent of the parties concerned.