The American Admiralty, Its Jurisdiction and Practice: With Practical Forms and Directions |
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Page 43
... defendant shall have counsel in court , and plead the stay , if there may appear evident cause . REQUEST . 78. That the Judge of the Admiralty , according to such ancient order as hath been taken 2 Ed . I. , by the king and his council ...
... defendant shall have counsel in court , and plead the stay , if there may appear evident cause . REQUEST . 78. That the Judge of the Admiralty , according to such ancient order as hath been taken 2 Ed . I. , by the king and his council ...
Page 168
... defendant , who was the consignee - not the owner . The claim was for an average contribution . The defendant admitted these facts , but denied his liability as matter of law . This , on all the principles which the court have upheld ...
... defendant , who was the consignee - not the owner . The claim was for an average contribution . The defendant admitted these facts , but denied his liability as matter of law . This , on all the principles which the court have upheld ...
Page 196
... defendant his de- fence ; proof was taken if necessary ; the cause was decided without delay ; and if the deemed was not paid , the defendant was confined as a criminal , or payment was enforced by a forcible sale of his property ...
... defendant his de- fence ; proof was taken if necessary ; the cause was decided without delay ; and if the deemed was not paid , the defendant was confined as a criminal , or payment was enforced by a forcible sale of his property ...
Page 203
... Defendant . Both parties are actors . The libellant is also sometimes called Promovent - Actor - Plaintiff . The defendant is sometimes called Reus Impugnant - Interve- vant - Intervenor . ( b ) § 364. The familiar principle , that all ...
... Defendant . Both parties are actors . The libellant is also sometimes called Promovent - Actor - Plaintiff . The defendant is sometimes called Reus Impugnant - Interve- vant - Intervenor . ( b ) § 364. The familiar principle , that all ...
Page 204
... required by law . ( c ) ( a ) 3 Hagg . 132. 3 Price , 109. 9 Cranch , 144 . ( b ) 9 Cranch , 144 . ( c ) Betts ' Prac . 16. Ware , 35 . 367. The defendant appears , and in the same circumstan- 204 ADMIRALTY PRACTICE .
... required by law . ( c ) ( a ) 3 Hagg . 132. 3 Price , 109. 9 Cranch , 144 . ( b ) 9 Cranch , 144 . ( c ) Betts ' Prac . 16. Ware , 35 . 367. The defendant appears , and in the same circumstan- 204 ADMIRALTY PRACTICE .
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Common terms and phrases
Admiralty and Maritime Admiralty Courts Admiralty jurisdiction admiralty law aforesaid alleges as follows amount answer apparel and furniture appear arrest attachment attorney bail Betts bills of lading bottomry brig cargo cause charter party Circuit Court civil and maritime claim claimant clerk commission common law contract costs Court of Admiralty defendant depositions District Court dollars entitled filed final decree freight garnishee GEORGE W Honorable Court Honorable Samuel interrogatories issue Judge jury law and justice libellant prays Lord one thousand maritime jurisdiction maritime law Marshal master monition navigable notice oath Oleron owner personam persons Peter Harmony pleadings port Prac practice proceed proceedings Proctor ralty RULE schooner ship or vessel ship Waterloo singular the premises Southern District steamboat stipulation suit Supreme Court sureties Sworn tackle taken therein thereof thousand eight hundred tion U. S. Commissioner United voyage wages witnesses York
Popular passages
Page 595 - ... for the payment of which, well and truly to be made, we bind ourselves, and each of us, our and each of our heirs, executors, and administrators, jointly and severally, firmly by these presents.
Page 11 - The jurisdiction of the nation within its own territory is necessarily exclusive and absolute. It is susceptible of no limitation not imposed by itself. Any restriction upon it, deriving validity from an external source, would imply a diminution of its sovereignty to the extent of the restriction, and an investment of that sovereignty to the same extent in that power which could impose such restriction.
Page 447 - Entered, according to Act of Congress, in the year 1853, BY JS REDFIELD, in the Clerk's Office of the District Court of the United States, in and for the Southern District of New York.
Page 459 - ... 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...
Page 416 - Such depositions may be taken before any judge of any court of the United States, or any commissioner of a circuit, or any clerk of a district or circuit court, or any chancellor, justice, or judge of a supreme or superior court, mayor or chief magistrate of a city, judge of a county court, or court of common pleas of any of the United States...
Page 177 - That the Supreme Court shall have exclusive jurisdiction of all controversies of a civil nature, where a state is a party, except between a state and its citizens; and except also between a state and citizens of other states, or aliens, in which latter case it shall have original but not exclusive jurisdiction.
Page 179 - It shall not be lawful for any judge appointed under the authority of the United States to exercise the profession or employment of counsel or attorney, or to be engaged in the practice of the law.
Page 352 - ... shall be heard and determined as in other cases; and if such representatives shall not voluntarily become parties, then the other party may suggest the death on the record, and thereupon, on motion, obtain an order that unless such representatives shall become parties within...
Page 334 - ... in the court to which the process is returnable, or in any appellate court...
Page 182 - That in all the courts of the United States, the parties may plead and manage their own causes personally or by the assistance of such counsel or attorneys at law as by the rules of the said courts respectively shall be permitted to manage and conduct causes therein.