Reports of Cases Argued and Determined in the Circuit Court of the United States for the First Circuit, Volume 5Hilliard, Gray, 1831 - Law reports, digests, etc |
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Results 1-5 of 100
Page 9
... opinion is , that he ought to recover to the extent of the actual injury sustained by him . The true rule of damages in cases of this nature is , to allow the differ- ence between the value of the vessel , if her real character had been ...
... opinion is , that he ought to recover to the extent of the actual injury sustained by him . The true rule of damages in cases of this nature is , to allow the differ- ence between the value of the vessel , if her real character had been ...
Page 10
... opinion . In the first place , as has been already ob- served , there is no sufficient proof of the real cause of the con- demnation . In the next place , if the averments in the declaration are proved , the plaintiff has manifestly ...
... opinion . In the first place , as has been already ob- served , there is no sufficient proof of the real cause of the con- demnation . In the next place , if the averments in the declaration are proved , the plaintiff has manifestly ...
Page 16
... opinion is , that they do not authorize any act to be done , which injures the inheritance , much less do they authorize positive waste . Verdict for the tenant . EBENEZER Wakefield vs. LEMUEL Ross . Where a boundary is disputed between ...
... opinion is , that they do not authorize any act to be done , which injures the inheritance , much less do they authorize positive waste . Verdict for the tenant . EBENEZER Wakefield vs. LEMUEL Ross . Where a boundary is disputed between ...
Page 29
... opinion , that this insanity , brought on by the antecedent drunk- enness , constituted no defence for the act , he could not expect success in the prosecution.1 After some consultation the opinion of the Court was delivered as follows ...
... opinion , that this insanity , brought on by the antecedent drunk- enness , constituted no defence for the act , he could not expect success in the prosecution.1 After some consultation the opinion of the Court was delivered as follows ...
Page 33
... opinion is , though it is not given without hesitation , that a construction may be adopted , which will give effect to each clause without involving such a necessary repugnancy . It is this . The first clause respects manufactures , of ...
... opinion is , though it is not given without hesitation , that a construction may be adopted , which will give effect to each clause without involving such a necessary repugnancy . It is this . The first clause respects manufactures , of ...
Contents
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Common terms and phrases
administrator admitted agent amount appear apply Arnold assignment assumpsit Attorney authority award bill of review Binney bombazines Boston bound Bradley Greene British vessel cargo choses in action Circuit Court circumstances claim clause collector common law consignee construction contract courts of equity Cranch creditor custom-house bonds debtor decree deed deemed defendant Devens discharge District doctrine duties entitled evidence fact favour fraud indictment indorser insolvent intention issue John Jonathan Arnold JOSEPH STORY judgment jurisdiction jury land Langton larceny liable Lord Magee Massachusetts master Mc Neil ment merchants mortgage Northam notice offence Open Boat opinion original owner paid partners partnership party payment person pezzos Picquet plaintiff plea port possession present principles purchase question received Rhode Island Schooner Tilton set-off ship statute of limitations suit surety Swan testator Thomas Arnold tion trustee United voyage William Hillyer Winship writ
Popular passages
Page 46 - And no civil suit shall be brought before either of said courts against an inhabitant of the United States, by any original process in any other district than that whereof he is an inhabitant, or in which he shall be found at the time of serving the writ...
Page 45 - But no person shall be arrested in one district for trial in another in any civil action before a circuit or district court...
Page 43 - Supposing however that the Act had said in terms, that though a person sued in the island had never been present within the jurisdiction, yet that it should bind him upon proof of nailing up the summons at the Court door; how could that be obligatory upon the subjects of other countries? Can the island of Tobago pass a law to bind the rights of the whole world?
Page 303 - When committed upon the high seas, or on any other waters within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State...
Page 39 - 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 511 - Ship called the whereof is Master for this present Voyage and now riding at Anchor in the and bound for to say being marked and numbered as in the Margin, and are to be delivered...
Page 578 - States shall be first satisfied, and the priority hereby established shall extend as well to cases in which a debtor, not having sufficient property to pay all his debts...
Page 520 - The first act enacts, in § 3, " that all actions of trespass quare clausum fregit, all actions of trespass, detinue, action sur trover, and replevin for taking away of goods and cattle, all actions of account, and upon the case, other than such accounts as concern the trade of merchandise between merchant and merchant, their factors or servants...
Page 422 - ... agreement upon which such action shall be brought, or some note or memorandum thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Page 451 - ... and license, granted in lieu thereof, shall, within ten days after the arrival of such ship or vessel within the district, to which she belongs, be delivered to the collector of the said district, and be by him cancelled.