 | Thomas Reed Powell - 1919 - 472 pages
...claims already created against the vessel by the collision. To this Mr. Justice Holmes replied that "legal obligations that exist but cannot be enforced are ghosts that are seen in the law but are elusive to the grasp." What the court in the previous case called an "unenforceable lien," he says,... | |
 | United States. Supreme Court - Law reports, digests, etc - 1922 - 808 pages
...it is said that the decisions have recognized that an obligation is created in the case before us. Legal obligations that exist but cannot be enforced...seen in the law but that are elusive to the grasp. The leading authority relied upon is The Siren, 7 Wall. 152. MCKENNA, DAY, and CLARKE, JJ., dissenting.... | |
 | Maritime law - 1924 - 960 pages
...Mr. Justice HOLMES delivering the opinion of the Court said: tion is created in the case before us. Legal obligations that exist but cannot be enforced...seen in the law but that are elusive to the grasp." Mr. Justice McKJENXA, who delivered the dissenting opinion, speaking of our maritime law, said : "... | |
 | United States. Supreme Court - Law reports, digests, etc - 1923 - 1412 pages
...it is said that the decisions have recognized that an obligation is created in the case before us. Legal obligations that exist but cannot be enforced...seen in the law, but that are elusive to the grasp. The leading authority relied upon is The Siren. 7 Wall. 152, 19 L. ed. 129. [434] The ground of that... | |
 | Electronic journals - 1924 - 1284 pages
...every reference to the doctrine of a lien attaching regardless of the shipowner's personal liability. " Legal obligations that exist but cannot be enforced...seen in the law but that are elusive to the grasp," 4S — which asserts that Justice Field saw ghosts in The Siren. That a ship for purposes of lien may... | |
 | Zechariah Chafee - Equitable remedies - 1924 - 544 pages
...government vessel so as to subject it to a maritime lien as soon as it returns into private ownership; "Legal obligations that exist but cannot be enforced...seen in the law, but that are elusive to the grasp." See EM Borchard, 31 Yale LJ 879. 1 Ames, 468, note, accord. But the learned editor of Saunders' Reports... | |
 | Law reports, digests, etc - 1923 - 1096 pages
...it Is said that the decisions have recognized that an obligation Is created In the case before us. Legal obligations that exist, but cannot be enforced,...seen in the law, but that are elusive to the grasp. The leading authority relied upon is The Siren, 7 Wall. 152. The ground of that decision was that when... | |
 | Law reviews - 1925 - 1182 pages
...requisition. Justice Holmes overruled the theory of liens originally unenforceable but later maturing, saying: "Legal obligations that exist but cannot be enforced...seen in' the law but that are elusive to the grasp." The Siren was distinguished upon the ground that in that case "Immune— The Roseric (DCNJ 1918) 254... | |
 | Naval War College (U.S.) - International law - 1925 - 246 pages
...recognized that an obligation is created in the case before us. Legal obligations that exist but can not be enforced are ghosts that are seen in the law but that are elusive to the grasp. The leading authority relied upon is The Siren, 7 Wall. 152. The ground of that decision was that when... | |
 | Law reports, digests, etc - 1926 - 1086 pages
...it is said that the decisions have recognized that an obligation is created in the case before us. Legal obligations that exist but cannot be enforced...seen in the law but that are elusive to the grasp." Mr. Justice McKenna,- who delivered the dissenting opinion, speaking of our maritime law, said: "The... | |
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Legal obligations that exist but cannot be enforced are ghosts that are seen in the law but that are elusive to the grasp. 
