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 - Počet stran: 1105 |
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Strana 33
... petition [ a formal suit being usually called , in contradistinction , a proceeding or cause " by plea and proof . " See 2 Hagg . R. , 151 , n . , and 3 Hagg . R. , 343 ] . I am not aware that it has been mentioned by any elementary ...
... petition [ a formal suit being usually called , in contradistinction , a proceeding or cause " by plea and proof . " See 2 Hagg . R. , 151 , n . , and 3 Hagg . R. , 343 ] . I am not aware that it has been mentioned by any elementary ...
Strana 34
... petition . The subsequent proceedings are , however , widely different . In a suit by summary petition , there is no examination of witnesses ; but the case is promptly and informally heard and decided , upon such affidavits as the ...
... petition . The subsequent proceedings are , however , widely different . In a suit by summary petition , there is no examination of witnesses ; but the case is promptly and informally heard and decided , upon such affidavits as the ...
Strana 35
... petition . That the ancient mode of conducting all suits in the Court of Admiralty was by libel and proof ; and although in the modern practice of the court the more summary form of an act on petition and affidavit had undoubtedly ...
... petition . That the ancient mode of conducting all suits in the Court of Admiralty was by libel and proof ; and although in the modern practice of the court the more summary form of an act on petition and affidavit had undoubtedly ...
Strana 36
... petition ; because it is notorious that in an act on petition the testi- mony is altogether voluntary , and the court has no power to compel a man to make an affidavit . Again , similar difficulties might arise in cases of fraud , where ...
... petition ; because it is notorious that in an act on petition the testi- mony is altogether voluntary , and the court has no power to compel a man to make an affidavit . Again , similar difficulties might arise in cases of fraud , where ...
Strana 38
... petition , stating the facts of the sale of the ship , and the deficiency to pay the damages , the proceeding was clearly regular and right . But if no preliminary proceeding was had , I confess that I do not well see how a proceeding ...
... petition , stating the facts of the sale of the ship , and the deficiency to pay the damages , the proceeding was clearly regular and right . But if no preliminary proceeding was had , I confess that I do not well see how a proceeding ...
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The Admiralty Jurisdiction, Law and Practice of the Courts of the United ... Alfred Conkling Náhled není k dispozici. - 2016 |
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action admiralty and maritime Admiralty Practice affidavit aforesaid court amendments answer apparel and furniture appear appellate court attachment authority bail bottomry brig cargo cause certificate CHAP charter-party circuit court cited civil and maritime claim claimant clerk commissioner common law costs Court of Admiralty courts of equity Curtis's Decis damages defendant depositions District Court District of New-York enforce entitled equity evidence execution filed final decree freight garnishee given High Court honorable court interrogatories issue joinder judgment Justice STORY learned judge libel lien mariner maritime jurisdiction Marriott's Formulary marshal mode monition necessary notice oath owner person petition plaintiff pleading port precedent premises prescribed proceed proceedings proctor prosecuted purpose question respect salvage schooner ship sufficient suits in personam suits in rem supposed Supreme Court sureties tackle taken therein thereof tion United vessel voyage wages warrant of arrest witnesses writ of error
Oblíbené pasáže
Strana 323 - That the records and judicial proceedings of the courts of any state, shall be proved or admitted in any other court within the United States, by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, as the case may be, that the said attestation is in due form.
Strana 445 - ... to abide by all orders, interlocutory or final, of the court, and pay the amount awarded by the final decree rendered...
Strana 292 - But unless it appears to the satisfaction of the court that the witness is then dead, or gone out of the United States, or to a greater distance than one hundred miles from the place where the court is sitting, or that, by reason of age, sickness, bodily infirmity, or imprisonment, he is unable to travel and appear at court, such deposition shall not be used in the cause.
Strana 324 - 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.
Strana 324 - If the said certificate is given by the presiding justice of a court, it shall be further authenticated by the clerk or prothonotary of the said court, who shall certify, under his hand and the seal of his office, that the...
Strana 343 - An Act to repeal an Act of the present Session of Parliament, intituled " An Act for the more effectual Abolition of Oaths and Affirmations taken and made in various Departments of the State, and to substitute Declarations in lieu thereof, and for the more entire suppression of voluntary and extra-judicial Oaths, and affidavits;' and to make other Provisions for the abolition of unnecessary Oaths.
Strana 441 - Statutes, which provides that " when causes of a like nature or relative to the same question are pending before a court of the United States or of any Territory, the court may make such orders and rules concerning proceedings therein as may be conformable to the usages of courts for avoiding unnecessary costs or delay in the administration of justice, and may consolidate said causes when it appears reasonable to do so...
Strana 394 - In all cases of admiralty and maritime jurisdiction, where new evidence shall be admissible in this court, the evidence by testimony of witnesses shall be taken under a commission to be issued from this court, or from any...
Strana 323 - And the said records and exemplifications, authenticated as aforesaid, shall have such faith and credit given to them in every court and office within the United States, as they have by law or usage in the courts or offices of the state from whence the same are or shall be taken.
Strana 377 - Such indemnity, where the judgment or decree is for the recovery of money not otherwise secured, must be for the whole amount of the judgment or decree, Including just damages for delay...