A Digest of Statutes, Admiralty Rules, and Decisions: Upon the Jurisdiction, Pleadings, and Practice of the District Courts of the United States [1790-1881]Little, Brown, 1884 - 524 páginas |
Dentro del libro
Resultados 1-5 de 80
Página viii
... answering Defendant may require Answer of Libellant Court may dispense with Answer on Oath , when . Commission to take Answer . 241 241 241 241 244 • RULE 44 . RULE 36 . Exceptions to Libel or Answer RULE 37.- Foreign Attachment ...
... answering Defendant may require Answer of Libellant Court may dispense with Answer on Oath , when . Commission to take Answer . 241 241 241 241 244 • RULE 44 . RULE 36 . Exceptions to Libel or Answer RULE 37.- Foreign Attachment ...
Página 40
... answer . Bachman v . Ever- ding & Beebe , 1 Sawyer , 70 . 22. A plea which expressly or in effect admits the plaintiff's cause of action cannot be stricken out as frivolous . Ib . 23. A motion to strike out is not allowed , if matter ...
... answer . Bachman v . Ever- ding & Beebe , 1 Sawyer , 70 . 22. A plea which expressly or in effect admits the plaintiff's cause of action cannot be stricken out as frivolous . Ib . 23. A motion to strike out is not allowed , if matter ...
Página 44
... answer was finally disposed of , till Septem- ber , 1879 , when this motion was made , would be fatal to the application for a bill of particulars , if the defendant were other- wise entitled to it , or whether such application should ...
... answer was finally disposed of , till Septem- ber , 1879 , when this motion was made , would be fatal to the application for a bill of particulars , if the defendant were other- wise entitled to it , or whether such application should ...
Página 70
... answer , " does not show a submission to the jurisdiction and a waiver of objection , which precludes such respondent from insisting thereafter , that the court has not , by attachment of goods , obtained jurisdiction to proceed in the ...
... answer , " does not show a submission to the jurisdiction and a waiver of objection , which precludes such respondent from insisting thereafter , that the court has not , by attachment of goods , obtained jurisdiction to proceed in the ...
Página 94
... , and has filed his answer to the libel , joining issue upon merits , and where testimony has been also taken by the libellants , the court will not refuse to entertain the action , nor will it grant an application 94 FOREIGNERS .
... , and has filed his answer to the libel , joining issue upon merits , and where testimony has been also taken by the libellants , the court will not refuse to entertain the action , nor will it grant an application 94 FOREIGNERS .
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Otras ediciones - Ver todas
A Digest of Statutes, Admiralty Rules, and Decisions: Upon the Jurisdiction ... Erastus Thatcher Sin vista previa disponible - 2015 |
A Digest of Statutes, Admiralty Rules, and Decisions: Upon the Jurisdiction ... Erastus Thatcher Sin vista previa disponible - 2015 |
A Digest of Statutes, Admiralty Rules, and Decisions: Upon the Jurisdiction ... Erastus Thatcher Sin vista previa disponible - 2018 |
Términos y frases comunes
act of Congress admiralty and maritime admiralty courts admiralty has jurisdiction admiralty jurisdiction affidavit alleged amount answer appear application April arrest assignee attachment aver bail bankrupt bankruptcy bill of lading Biss Blatchf bond bottomry Brig captured charter-party Circuit Court claim claimant clerk collision commissioner common law condemnation contract costs court of admiralty courts of equity custody damages default defendant discharge District Court enforce entitled foreign forfeiture freight Gall hearing Held interrogatories issue June jurisdiction in rem jury liability libel lien March maritime jurisdiction maritime law marshal master monition mortgage motion navigable notice owner party person personam petition plea pleadings port possession Prize Cas prize court proceed proctor recover respondent Rule salvage Schooner seamen seized seizure Sept ship Sloop Sprague Stat statute Steamboat Steamer stipulation suit in rem sureties taken thereof tion tort United voyage wages
Pasajes populares
Página 71 - Of all civil causes of admiralty and maritime jurisdiction, saving to suitors In all cases the right of a common-law remedy where the common law is competent to give it...
Página 74 - ... exclusive original cognizance of all civil causes of admiralty and maritime jurisdiction, including all seizures under laws of impost, navigation, , or trade, of the United States, where the seizures are made on waters which are navigable from the sea, by vessels of ten or more tons' burthen, within their respective districts, as well as upon the high seas ; saving to suitors, in all cases, the right of a common law remedy, where the common law is.
Página 129 - ... and each of the said district courts shall have and exercise the same jurisdiction, in all cases arising under the Constitution and laws of the United States...
Página 91 - ... shall also have exclusive original cognizance of all seizures on .land, or other waters than as aforesaid, made, and of all suits for penalties and forfeitures incurred, under the laws of the United States.
Página 377 - An act to regulate the fees and costs to be allowed clerks, marshals, and attorneys of the circuit and district courts of the United States, and for other purposes...
Página 129 - Although admiralty jurisdiction can be exercised in the states in those Courts, only, which are established in pursuance of the third article of the Constitution; the same limitation does not extend to the territories, In legislating for them, Congress exercises the combined powers of the general, and of a state government...
Página 129 - They are legislative courts, created in virtue of the general right of sovereignty which exists in the government, or in virtue of that clause which enables congress to make all needful rules and regulations respecting the territory belonging to the United States. The jurisdiction with which they are invested is not a part of that judicial power which is defined in the third article of the constitution ; but is conferred by congress, in the execution of those general powers which that body possesses...
Página 474 - the trial of issues of fact in the District Courts, in all causes except cases in equity and cases of admiralty and maritime jurisdiction, and except as otherwise provided in proceeding in bankruptcy, shall be by jury.
Página 65 - A sentence of a court pronounced against a party without hearing him, or giving him an opportunity to be heard, is not a judicial determination of his rights, and is not entitled to respect in any other tribunal.
Página 149 - In all cases of seizure, and in other suits and .proceedings in rem, the process, if issued and unless otherwise provided for by statute, shall be by a warrant of arrest of the ship, goods, or other thing to be arrested; and the marshal shall thereupon arrest and take the ship, goods, or other thing into his possession for safe custody, and shall cause public notice thereof and...