City Court Reports: Containing Decisions of the Marine Court of the City of New York, And, Occasionally of the Other City Courts of Record, Volumen1


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Página 180 - The intention of the legislature is to be collected from the words they employ. Where there is no ambiguity in the words, there is no room for construction.
Página 219 - State, each and every one declines to exercise by means of any of its Courts, any of its territorial jurisdiction over the person of any sovereign or ambassador of any other State, or over the public property of any State which is destined to...
Página 180 - It would be dangerous indeed to carry the principle, that a case which is within the reason or mischief of a statute, is within its provisions, so far as to punish a crime not enumerated in the statute, because it is of equal atrocity or of kindred character with those which are enumerated.
Página 201 - I have referred to them, show that enlightened nations, in modern times, do clearly hold that the jurisdiction and laws of a nation accompany her ships, not only over the high seas, but into ports and harbors, or wheresoever else they may be water borne, for the general purpose of governing and regulating the rights, duties, and obligations of those on board thereof, and that, to the extent of the exercise of this jurisdiction, they are considered as parts of the territory of the nation herself.
Página 14 - In the case of an assignment of a thing in action, the action by the assignee is without prejudice to any set-off, or other defense existing at the time of, or before, notice of the assignment...
Página 298 - Viet., c. 68, which in sect. 4 enacts that if any person called to give evidence in any court of justice, whether in a civil or criminal proceeding, " shall object to take an oath, or shall be objected to as incompetent to take an oath," such person shall, if the presiding judge is satisfied that the taking of an oath would have no binding effect on his conscience, make the following promise and declaration, viz.
Página 472 - A warrant of attachment against the property of one or more defendants in an action may be granted upon the application of the plaintiff, as specified in the next section...
Página 215 - 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.
Página 363 - Of the parties to the action, those who are united in interest must be joined as plaintiffs or defendants; but if the consent of any one,' who should have been joined as plaintiff, cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint...
Página 343 - That no debt created by the fraud or embezzlement of the bankrupt, or by his defalcation as a public officer, or while acting in any fiduciary character, shall be discharged under this act...

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