Reports of Cases Argued and Adjudged in the Supreme Court of the United States. February Term, 1816[-January Term, 1827], Volumen2R. Donaldson, 1817 |
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Página 19
... issue , and the chief justice of the supreme court of Massachusetts instructed the jury " that the said several matters and things , so allowed and proved , 1817 . Otis V. Walter . Feb. 5th . Feb. OF THE UNITED STATES . 19.
... issue , and the chief justice of the supreme court of Massachusetts instructed the jury " that the said several matters and things , so allowed and proved , 1817 . Otis V. Walter . Feb. 5th . Feb. OF THE UNITED STATES . 19.
Página 22
... allowed and proved , were not sufficient to bar the plaintiff of his said action , nor did they constitute or amount to any defence whatever in the action . " Instructions couched in such general terms may serve to embarrass a court ...
... allowed and proved , were not sufficient to bar the plaintiff of his said action , nor did they constitute or amount to any defence whatever in the action . " Instructions couched in such general terms may serve to embarrass a court ...
Página 33
... allowed . Under all the circumstances of the case , it was determined that the bond was chargeable on the residue of the estate , and of this the personality first in order . APPEAL from the circuit court for the District of ...
... allowed . Under all the circumstances of the case , it was determined that the bond was chargeable on the residue of the estate , and of this the personality first in order . APPEAL from the circuit court for the District of ...
Página 42
... allowed a reasonable latitude of discretion ; and in general , where there is manifest fidelity , diligence , and or- dinary judgment displayed , this court will al- ways with some reluctance enforce the rigid rules which courts have ...
... allowed a reasonable latitude of discretion ; and in general , where there is manifest fidelity , diligence , and or- dinary judgment displayed , this court will al- ways with some reluctance enforce the rigid rules which courts have ...
Página 77
... allowed , and condemnation follows . Although some apology may be found in the state of peace which had so long existed previous to the late war , for the irregularities which had crept into the prize practice , that apology no longer ...
... allowed , and condemnation follows . Although some apology may be found in the state of peace which had so long existed previous to the late war , for the irregularities which had crept into the prize practice , that apology no longer ...
Términos y frases comunes
act of congress adjudication admiralty alleged Andrew Hare appear bill bond Bothnea British capture cargo cause Chirac circuit court circumstances citizens claim claimants common law complainant condemnation contract covenant creditor crew damages debt debtor decree defendant delivered the opinion distillation district court Dodson dollars duty Duvall Elijah Craig enemy enemy's entitled entry equity evidence execution fact farther proof Gallis heirs incumbrances insolvency Jamaica John Craig joint judgment jurisdiction jury Justice Kentucky Laidlaw land letter liable lien master ment Miller Miller's heirs neutral New-Orleans officers original owner papers parties payment person plaintiff in error port possession principle prize court prize law proceedings proceeds purchase question recapture restitution Robert Johnson rule sailed schooner seisin ship suit taken testimony Thelusson thereof tion treaty United vendee vendor verdict vessel voyage William Duvall writ of error writ of right
Pasajes populares
Página 138 - In error or appellant shall prosecute his writ or appeal to effect, and answer all damages and costs if he fail to make his plea good. 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...
Página 232 - It shall likewise be lawful for the citizens aforesaid to sail with the ships and merchandise before mentioned, and to trade with the same liberty and security from the places, ports, and havens of those who are enemies of both or either party, without any opposition or disturbance whatsoever, not only directly from the places of the enemy before mentioned to neutral places, but also from one place belonging to an enemy to another place belonging to an enemy, whether they be under the jurisdiction...
Página 73 - ... received or the bill drawn ; and in all cases the person who receives such a bill in payment of a debt, will be prevented thereby from taking other means to obtain the money due to him. Any ingredient of fraud would, unquestionably, affect the whole transaction ; but the mere circumstance that the bill was taken for a pre-existing debt has not been thought sufficient to do away the effect of a promise to accept.
Página 236 - ... treaty ; they shall likewise be recalled every year, that is, if the ship happens to return home within the space of a year. It is likewise agreed that such ships...
Página 11 - And be it further enacted, That the collectors of the customs be, and they are hereby, respectively authorized and required to detain any vessel manifestly built for warlike purposes...
Página 237 - If the ships of the said subjects, people, or inhabitants of either of the parties shall be met with, either sailing along the coasts, or on the high seas, by any ship of war of the other, or by any...
Página 276 - State may now have in force, or hereafter may enact, to prevent emigration ; and also that in case the laws of either of the two States should restrain strangers from the exercise of the rights of property with respect to real estate, such real estate may be sold, or otherwise disposed of, to citizens or inhabitants of the country where it may be, and the other nation shall be at liberty to enact similar laws.
Página 236 - ... or commander of the said ship, that it may appear thereby that the ship really and truly belongs to the Subjects of one of the Parties; which passport shall be made out and granted according to the form annexed to this Treaty.
Página 36 - ... then this obligation shall be void; otherwise the same shall remain in full force and effect...