The American Law Journal, Volume 6W. P. Farrand and Company, 1817 |
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Halaman 20
... defendant's coun sel have suggested , upon the ground , that under the circumstan- ces , the seainen were entitled to a salvage equal to their wa- ges . ( b ) If , however , it be incapable of this explanation , as I confess from the ...
... defendant's coun sel have suggested , upon the ground , that under the circumstan- ces , the seainen were entitled to a salvage equal to their wa- ges . ( b ) If , however , it be incapable of this explanation , as I confess from the ...
Halaman 99
... defendant must set forth , in his plea , every thing requisite to negative the right of the plaintiff to sue . Here , the onus probandi is on the claimant . He must show himself entitled to all the privileges he claims . It being ...
... defendant must set forth , in his plea , every thing requisite to negative the right of the plaintiff to sue . Here , the onus probandi is on the claimant . He must show himself entitled to all the privileges he claims . It being ...
Halaman 100
... defendant plead , that the plaintiff was an alien enemy , and came into England , " sine salvo conductu . " The plaintiff replied , that at the time of making the bond , he was , and continued in the country , " per licentiam , et sub ...
... defendant plead , that the plaintiff was an alien enemy , and came into England , " sine salvo conductu . " The plaintiff replied , that at the time of making the bond , he was , and continued in the country , " per licentiam , et sub ...
Halaman 101
John Elihu Hall. this replication the defendant demurred , and contended , that al- though the plaintiff was in ... defendants , as agents for the plaintiffs , stating the discovery to be necessary for supporting actions at law ...
John Elihu Hall. this replication the defendant demurred , and contended , that al- though the plaintiff was in ... defendants , as agents for the plaintiffs , stating the discovery to be necessary for supporting actions at law ...
Halaman 103
... defendants ; that in common law language , they are not suing , but sued ; and how does it aid them ? It is very obvious , that this mysterious sen- tence , is but part of the law which Bynkershoeck means to state . It is but part of ...
... defendants ; that in common law language , they are not suing , but sued ; and how does it aid them ? It is very obvious , that this mysterious sen- tence , is but part of the law which Bynkershoeck means to state . It is but part of ...
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according act of congress admiralty alien alleged American appears appellate jurisdiction authority barratry belligerents British subjects capture cargo cause character charter-party citizens claim commerce common law condemned confiscation consent considered constitution construction contended contraband contract creditors cruisers decided decision declaration deemed defendant discharge droits of admiralty effect enemies enemy's England English established execution exercise expressly Fairfax Fairfax's devisee favour federal courts Federalist foreign France freight grant insolvent interdict judges judgment judicial act judicial power judiciary jury justice king king of Spain land law of nations lord Low Countries maritime master ment munitions navigation neutral country neutral merchants neutral vessels Northern Neck objection opinion owners parties peace persons plaintiff port principle prize proceeding prohibited prove provisions question reason residence respect seized ship slaves sovereign sovereignty Spain statute Supreme court territory thing tion trade tribunals United Provinces vested voyage wages
Bagian yang populer
Halaman 397 - State in which a decision in the suit could be had, where is drawn in question the validity of a treaty, or statute of, or an authority exercised under, the United States, and the decision is against their validity ; or where is drawn in question the validity of a statute of, or an authority exercised under, any State, on the ground of their being repugnant to the Constitution, treaties or laws of the United States...
Halaman 422 - States are parties, as limited by the plain sense and intention of the instrument constituting that compact : as no further valid than they are authorized by the grants enumerated in that compact, and that in case of a deliberate, palpable, and dangerous exercise of other powers not granted by the said compact, the !States who are parties thereto have the right, and are in duty bound, to interpose...
Halaman 487 - That, in all capital or criminal prosecutions, a man hath a right to demand the cause and nature of his accusation, to be confronted with the accusers and witnesses, to call for evidence in his favor, and to a speedy trial by an impartial jury of twelve men of his vicinage, without whose unanimous consent he cannot be found guilty...
Halaman 29 - That there shall be no future confiscations made, nor any prosecutions commenced against any person or persons, for or by reason of the part which he or they may have taken in the present war; and that no person shall on that account suffer any future loss or damage, either in his person, liberty, or property...
Halaman 397 - that a final judgment or decree in any suit, in the highest court of law or equity of a state, in which a decision in the suit could be had, where is drawn in question the validity of a treaty or statute of, or an authority exercised under the United States, and the decision is against their validity...
Halaman 438 - that a final judgment or decree, in any suit in the highest court of law or equity of a state, in which a decision in the suit could be had, where is drawn in question, the validity of a treaty, or statute of, or an authority exercised under the United States, and the decision is against their validity...
Halaman 32 - Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, to be free, sovereign and independent States ; that he treats with them as such, and for himself, his heirs and successors, relinquishes all claims to the Government, proprietary and territorial rights of the same, and every part thereof.
Halaman 118 - that the laws of the several States, except where the Constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases where they apply.
Halaman 487 - That all men are by nature equally free and independent, and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity, namely, the enjoyment of life and liberty, with the means...
Halaman 333 - But no other error shall be assigned or regarded as a ground of reversal in any such case as aforesaid, than such as appears on the face of the record, and immediately respects the before mentioned questions of validity or construction of the said constitution, treaties, statutes, commissions, or authorities in dispute.