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 Forms |
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... action in personam , on the return - day of the mesne process , PAGE . 173 ... 177 SECTION III . Of the non - appearance of any claimant in an action in rem , on the return - day of the mesne process , 191 CHAPTER VII . Of the ...
... action in personam , on the return - day of the mesne process , PAGE . 173 ... 177 SECTION III . Of the non - appearance of any claimant in an action in rem , on the return - day of the mesne process , 191 CHAPTER VII . Of the ...
Page 20
... action was barred by the statute of limitations of that state , as a part of the lex loci , upon general principles . The district court overruled the plea , and the decision was affirmed by Mr. Justice STORY , on appeal . His opinion ...
... action was barred by the statute of limitations of that state , as a part of the lex loci , upon general principles . The district court overruled the plea , and the decision was affirmed by Mr. Justice STORY , on appeal . His opinion ...
Page 22
... actions are essentially the same in courts of admiralty as in courts of common law . In actions ex contractu , all the persons with whom the contract was made , if living , ought to join as libellants in the action . Thus , if several ...
... actions are essentially the same in courts of admiralty as in courts of common law . In actions ex contractu , all the persons with whom the contract was made , if living , ought to join as libellants in the action . Thus , if several ...
Page 23
... actions ex delicto : where two or more persons have received a joint injury , as by being jointly interested in the ... action against the master or owner of the vessel by which the injury has been done ; but , on the other hand , joint ...
... actions ex delicto : where two or more persons have received a joint injury , as by being jointly interested in the ... action against the master or owner of the vessel by which the injury has been done ; but , on the other hand , joint ...
Page 24
... action ex contractu , and would in both cases extend to libellants as well as respondents . With the exception of mariners , suing for wages , who have always been , in some respects , a favored class of suitors in the admiralty , and ...
... action ex contractu , and would in both cases extend to libellants as well as respondents . With the exception of mariners , suing for wages , who have always been , in some respects , a favored class of suitors in the admiralty , and ...
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The Admiralty Jurisdiction, Law and Practice of the Courts of the United ... Alfred Conkling No preview available - 2016 |
Common terms and phrases
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
Popular passages
Page 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.
Page 445 - ... to abide by all orders, interlocutory or final, of the court, and pay the amount awarded by the final decree rendered...
Page 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.
Page 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.
Page 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...
Page 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.
Page 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...
Page 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...
Page 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.
Page 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...