Commission Under the Convention Between the United States & Paraguay: Statements and Arguments for Claimants and for the Republic, and Opinion and Award of CommissionersH. Polkinhorn, Printer, 1860 - Počet stran: 163 |
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Strana 9
... COUNSEL FOR THE REPUBLIC . On the part of the Republic of Paraguay , the counsel does not propose to extend this opening statement beyond the ex- igency of the rule adopted by the commission in this behalf . Its scope is simply to ...
... COUNSEL FOR THE REPUBLIC . On the part of the Republic of Paraguay , the counsel does not propose to extend this opening statement beyond the ex- igency of the rule adopted by the commission in this behalf . Its scope is simply to ...
Strana 12
... counsel who read the opening statement between the demand for prospective profits , eo nomine , ( which was disclaimed , ) and the demand for a pecuniary satisfaction , which shall indemnify the claimant for not receiving those ...
... counsel who read the opening statement between the demand for prospective profits , eo nomine , ( which was disclaimed , ) and the demand for a pecuniary satisfaction , which shall indemnify the claimant for not receiving those ...
Strana 14
... with judicial certainty . All which is respectfully submitted , J. MANDEVILLE CARLISLE , Counsel and Agent for the Republic of Paraguay . WASHINGTON , June 27 , 1860 . ARGUMENT FOR CLAIMANTS : BY HON . JOHN APPLETON AND 14.
... with judicial certainty . All which is respectfully submitted , J. MANDEVILLE CARLISLE , Counsel and Agent for the Republic of Paraguay . WASHINGTON , June 27 , 1860 . ARGUMENT FOR CLAIMANTS : BY HON . JOHN APPLETON AND 14.
Strana 34
... counsel fees and expenses of pros- ecution . Under the civil law these were always allowed ; and Story J. , in Pierson vs. Eagle Screw Company , 6 Story , 402 , seems to have settled the principle in common law . " If the plaintiff ...
... counsel fees and expenses of pros- ecution . Under the civil law these were always allowed ; and Story J. , in Pierson vs. Eagle Screw Company , 6 Story , 402 , seems to have settled the principle in common law . " If the plaintiff ...
Strana 42
... counsel for the government of Para- guay , are : " The Supreme Government , wishing to develop and en- courage the industry and improvement of the Republic , and considering that one of the modes best calculated for this ob- ject is to ...
... counsel for the government of Para- guay , are : " The Supreme Government , wishing to develop and en- courage the industry and improvement of the Republic , and considering that one of the modes best calculated for this ob- ject is to ...
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affidavit agent alleged allowed American citizens amount applied Asuncion authority barrack Bowlin Buenos Ayres C. E. Hopkins Captain CARLOS ANTONIO LOPEZ cigar factory claim claimants commission commissioners conduct consul convention cost counsel cree damages decree demand despatch doubt el Señor Presidente employés enterprise ernment establishment Estados Unidos estimate evidence expedition expenditure expenses expulsion fact favor Ferguson government of Paraguay Governor Marcy guay injury insult interest introduced into Paraguay inventor judgment judicial justice labor land letter liability license Lieutenant Page Lieutenant Powell loss machinery Marcy ment mill Montevideo Morales officers operations outrages pany Paraguay Navigation Company Paraguay river Paraguayan government parties patent persons President Lopez privileges proceedings profits proof purchase question Republic of Paraguay respect San Antonio saw-mill says Secretary sold soldier South America steam testimony thousand dollars tion treaty United vessel Water Witch whole witness wrong
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Strana 32 - But we think the real answer to the objection is, that no wrongdoer can be allowed to apportion or qualify his own wrong ; and that as a loss has actually happened whilst his wrongful act was in operation and force, and which is attributable to his wrongful act, he cannot set up as an answer to the action the bare possibility of a loss, if his wrongful act had never been done.
Strana 111 - I The Government of the Republic of Paraguay binds itself for the responsibility in favor of the "United States and Paraguay Navigation Company," which may result from the decree of commissioners, who, it is agreed, shall be appointed as follows.
Strana 101 - The probable or possible benefits of a voyage, as yet in fieri, can never afford a safe rule by which to estimate damages in cases of marine trespass. There is so much uncertainty in the rule itself, so many contingencies which may vary or extinguish its application, and so many difficulties in sustaining its legal correctness, that the court can not believe it proper to entertain it.
Strana 37 - States believe it to be their duty, and they mean to execute it, to watch over the persons and property of their citizens visiting foreign countries, and to intervene for their protection when such action is justified by existing circumstances and by the law of nations. Wherever their citizens may go through the habitable globe, when they encounter injustice they may appeal to the government of their country, and the appeal will be examined into with a view to such action in their behalf as it may...