Reports of Cases Argued and Determined in the Circuit Court of the United States, for the Second Circuit, Comprising the Districts of New York, Connecticut, and Vermont, Volume 1R. Donaldson, 1827 - Law reports, digests, etc |
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Page 3
... facts as well as the law have been much controverted in this cause , and the testimony and construction of the differ- ent ... fact does not appear to be put in issue by the pleadings , and the Court might therefore de- cline giving any ...
... facts as well as the law have been much controverted in this cause , and the testimony and construction of the differ- ent ... fact does not appear to be put in issue by the pleadings , and the Court might therefore de- cline giving any ...
Page 6
... fact about which there is no dispute . Mr. Leay- eraft , one of the inspectors and a witness for the United States , proves it . Taking his testimony in connexion with that of Messrs . Gillespie , Reins , Marselus , and Arthur , the ...
... fact about which there is no dispute . Mr. Leay- eraft , one of the inspectors and a witness for the United States , proves it . Taking his testimony in connexion with that of Messrs . Gillespie , Reins , Marselus , and Arthur , the ...
Page 7
... fact accordingly . Such then being the state of the testimony respecting this fact , the Court thinks it a duty to believe that when the brig arrived she had on board six guns and an arm chest . Whether she took out the same or others ...
... fact accordingly . Such then being the state of the testimony respecting this fact , the Court thinks it a duty to believe that when the brig arrived she had on board six guns and an arm chest . Whether she took out the same or others ...
Page 12
... are agreed as to the law , but dispute the fact . To show that she had not departed from the district of New - York , the counsel for the appellants have had recourse Sloop Elizabeth . to the charter of the colony of 12 NEW - YORK ,
... are agreed as to the law , but dispute the fact . To show that she had not departed from the district of New - York , the counsel for the appellants have had recourse Sloop Elizabeth . to the charter of the colony of 12 NEW - YORK ,
Page 19
... fact and the legal consequences deduced from it by the appellant , are denied by the counsel for the United States . In looking at the testimony , it cannot be denied that there is every reason to believe that the real destination of ...
... fact and the legal consequences deduced from it by the appellant , are denied by the counsel for the United States . In looking at the testimony , it cannot be denied that there is every reason to believe that the real destination of ...
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Common terms and phrases
act of Congress action Admiralty admitted aforesaid alleged appear appellants apply assignment authority Benjamin W bond bottomry brig Caen cargo cause cents Circuit Court claim claimant Collector common law complainant constitution contract Court of Equity creditors debt debtor declaration decree defendant discharge District Court District of Maine dollars Donald Fisher duties entitled equity evidence execution fact favour forfeited forfeiture freight George D'Wolf Gilbert Stuart Hopkins insolvent intention invoice Jackson ex Jacob Barker John Mott judgment jurisdiction jury land legislature liable libel lien LIVINGSTON master ment Mott and Williams objection officers opinion owner paid party patent payment penalty person plaintiff in error plaintiffs port possession present proceed proceedings prosecution provisions question reason received rule seizure Sheriff ship Smedes statute suit supercargo Supreme Court sureties taken teas testimony thereof Thomas Morris tion Treasury trial United verdict vessel Vintroux voyage
Popular passages
Page 42 - ... 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...
Page 428 - that the laws of the several States, except where the Constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases where they apply.
Page 58 - Where a court has jurisdiction, it has a right to decide every question which occurs in the cause ; and whether its decision be correct or otherwise, its judgment, until reversed, is regarded as binding in every other court. But if it act without authority, its judgments and orders are regarded as nullities. They are not voidable, but simply void; and form no bar to a recovery sought, even prior to a reversal, in opposition to them.
Page 447 - The several courts vested with jurisdiction of cases arising under the patent laws shall have power to grant injunctions according to the course and principles of courts of equity...
Page 398 - That the Circuit Courts of the United States shall have original cognizance, concurrent with the courts of the several States, of all suits of a civil nature, at common law or in equity, where the matter in dispute exceeds, exclusive of interest and costs, the sum or value of two thousand dollars, and arising under the Constitution or laws of the United States...
Page 700 - ... 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.
Page 564 - We receive the construction given by the courts of the nation as the true sense of the law, and feel ourselves no more at liberty to depart from that construction than to depart from the words of the statute. On this principle, the construction given by this court to the constitution and laws of the United States is received by all as the true construction ; and on the same principle, the construction given by the courts of the several States to the legislative acts of those States, is received as...
Page 211 - An act to interdict the commercial intercourse between the United States and Great Britain and France and their dependencies, and for other purposes...
Page 649 - States declares that congress shall have power to dispose of, and make all needful rules and regulations respecting, the territory and other property belonging to the United States.
Page 13 - Land of New England beginning at a certain place called or known by the name of St Croix next adjoining to New...