Reports of Cases Argued and Determined in the Circuit Court of the United States, for the First Circuit ...: Containing the Cases Determined in the Districts of New-Hampshire, Massachusetts and Rhode-IslandWells and Lilly, 1815 - Law reports, digests, etc |
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Page 7
... tion of the Circuit Court by writ of error in civil actions , provided by the act of 1789. And unless such were the intention of the Legislature , we ought not to construe the repeal as within the purview of the act . That the process ...
... tion of the Circuit Court by writ of error in civil actions , provided by the act of 1789. And unless such were the intention of the Legislature , we ought not to construe the repeal as within the purview of the act . That the process ...
Page 9
... tion , in the same grade ; and gave a remedy by an appeal to the Supreme Court ( instead of a writ of error ) in causes of admiralty , prize and equity jurisdiction . If then the apparent mischiefs are completely done away ; if the ...
... tion , in the same grade ; and gave a remedy by an appeal to the Supreme Court ( instead of a writ of error ) in causes of admiralty , prize and equity jurisdiction . If then the apparent mischiefs are completely done away ; if the ...
Page 15
... tion , if it has not slumbered sub silentio , has at least never received a final decision . Before the act of 1803 , it is very certain that there could not be a second trial by jury in the appellate courts , for the proceeding was by ...
... tion , if it has not slumbered sub silentio , has at least never received a final decision . Before the act of 1803 , it is very certain that there could not be a second trial by jury in the appellate courts , for the proceeding was by ...
Page 19
... tion , that it depended altogether upon the acts of the Legisla ture . But it takes a higher range , and involves the exposi- tion of a great constitutional right . Whenever it becomes our duty to decide on the constitutionality of laws ...
... tion , that it depended altogether upon the acts of the Legisla ture . But it takes a higher range , and involves the exposi- tion of a great constitutional right . Whenever it becomes our duty to decide on the constitutionality of laws ...
Page 37
... tion of the debt or judgment , it would seem to follow , that it cannot be pleaded , as a discharge of any party to such debt or judgment . The cases of Nadin vs. Wardle , 5 East Rep . 147 , and Mc Lean vs. Whiting , & John . R. 339 ...
... tion of the debt or judgment , it would seem to follow , that it cannot be pleaded , as a discharge of any party to such debt or judgment . The cases of Nadin vs. Wardle , 5 East Rep . 147 , and Mc Lean vs. Whiting , & John . R. 339 ...
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action admiralty admitted aforesaid alleged Ann Green appear arrival authority bill Blake bond Boston bound brig British capture cause Circuit Court cited citizens claim claimants collector common law condemnation confiscation considered construction contended contract counsel damages debt declaration decree defendant demnation discharge District Court District Judge doctrine doubt duties Eastport embargo acts enemy entitled evidence execution facts farther proof foreign port foreign voyage forfeited forfeiture Ibid illegal insolvency intention JOSEPH STORY judgment jurisdiction jury Legislature license master ment merchandize Messrs Monroe neutral neutral country offence officer opinion owner party patent penalty person plaintiff in error plea pleadings present principle prize court prize law proceed proceedings prohibited question Rhode-Island rule sailed schooner scire facias seized seizure shew sloop statute STORY Supreme Court testator tion trade trial United unless verdict vessel and cargo whole William Mooney writ of error
Popular passages
Page 377 - 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 248 - THE offence of piracy, by common law, consists in committing those acts of robbery and depredation upon the high seas, which, if committed upon land, would have amounted to felony there ". But, by statute, some other offences are made piracy also: as by statute 11 & 12 W.
Page 300 - ... places every individual of the respective governments, as well as the governments themselves, in a state of hostility...
Page 6 - And upon a like process, may final judgments and decrees in civil actions, and suits in equity in a circuit court, brought there by original process, or removed there from...
Page 432 - ... a written description of his invention, and of the manner of using, or process of compounding the same, in such full, clear, and exact terms, as to distinguish the same from all other things before known, and to enable any person skilled in the art or science of which it is a branch, or with which it is most nearly connected, to make, compound, and use the same.
Page 433 - And in the case of any machine, he shall fully explain the principle, and the several modes in which he has contemplated the application of that principle or character, by which it may be distinguished from other inventions...
Page 180 - ... an act laying an embargo on all ships and vessels in the ports and harbors of the United States...
Page 7 - ... cases of equity, of admiralty and maritime jurisdiction, and of prize or no prize...
Page 36 - ... but the judgment shall remain good and sufficient in law, and may be satisfied out of any estate which may then or at any time afterwards belong to the debtor.
Page 597 - I lay it down as a fundamental proposition, that, strictly speaking, in war all intercourse between the subjects and citizens of the belligerent countries is illegal, unless sanctioned by the authority of the government, or in the exercise of the rights of humanity.