The Jurisdiction and Procedure of the Admiralty Courts of the United States in Civil Causes: (On the Instance Side.)Kay & Brother, 1885 - 496 pages |
Other editions - View all
The Jurisdiction and Procedure of the Admiralty Courts of the United States ... Morton Pearson Henry No preview available - 2016 |
The Jurisdiction and Procedure of the Admiralty Courts of the United States ... Morton Pearson Henry No preview available - 2016 |
Common terms and phrases
according action admiralty adopted allowed American amount appeal apply arising arrest attachment authority become bill of lading Black Blatch bond bound brought cargo carrier carry cause charge Circuit Court City claim claimant collision common law congress contract create damages decided decisions decree District Court effect enforced English entitled exercise exists extend fact fault followed foreign freight give given governed ground held jurisdiction liability libel limitation loss Lush maritime law maritime lien Mary master navigation necessity negligence opinion original owners parties personam pilot port possession principle priority proceed proceedings proceedings in rem question reason recover refused regulations remedy respect responsible rule salvage seas ship shipper Smith statute stipulation Story suit supplies Supreme Court taken tion tort treated United vessel voyage Wall waters
Popular passages
Page 259 - USCA § 379), it is provided that "the writ of injunction shall not be granted by any court of the United States to stay proceedings in any court of a state, except in cases where such injunction may be authorized by any law relating to proceedings in bankruptcy.
Page 201 - In the first place, it may happen without blame being imputable to either party ; as where the loss is occasioned by a storm, or any other vis major ; in that case the misfortune must be borne by the party on whom it happens to light; the other not being responsible to him* in any degree.
Page 404 - In cases of foreign attachment, the garnishee shall be required to answer on oath or solemn affirmation, as to the debts, credits or effects of the defendant in his hands, and to such interrogatories touching the same as may be propounded by the libellant ; and if he shall refuse or neglect so to do, the court may award compulsory process in personam against him. If he admit any debts, credits or effects, the same shall be held in his hands liable to answer the exigency of the suit. XXXVIII. In cases...
Page 416 - ... the completion of said proofs, the commissioner shall make report of the claims so proven, and...
Page 250 - Sec. 4. If any such embezzlement, loss, or destruction shall be suffered by several freighters or owners of goods, wares, or merchandise, or any property whatever, on the same voyage, and the whole value of the...
Page 319 - That writs of execution and other final process issued on judgments and decrees, rendered in any of the courts of the United States, and the proceedings thereupon shall be the same, except their style, in each state, respectively, as are now used in the courts of such state...
Page 319 - An act to regulate processes in the courts of the United States," in those of equity and in those of admiralty and maritime jurisdiction, according to the principles, rules and usages which belong to courts of equity and to courts of admiralty respectively, as contradistinguished from courts of common law...
Page 122 - In all suits by material men for supplies or repairs, or other necessaries, for a foreign ship, or for a ship in a foreign port, the libellant may proceed against the ship and freight in rem, or against the master or the owner alone in personam.
Page 414 - The liability of the owner of any vessel for any embezzlement, loss or destruction by any person of any property, goods or merchandise, shipped or put on board of such vessel, or for any loss, damage or injury by collision, or for any act, matter or thing, loss, damage or forfeiture, done, occasioned or incurred, without the privity or knowledge of such owner or owners, shall in no case exceed the amount or value of the interest of such owner in such vessel and her freight then pending.
Page 412 - The commissions to take depositions, notices therefor, their captions, and certificates of their being sworn to, unless some exception to a deposition in the District Court was founded on some one or more of these; in which case so much of either of them as may be involved in the exception shall be set out. In all other cases it shall be sufficient to give the name of the witness, and to copy the interrogatories and answers, and to state the name of the commissioner, and the place where and the date...