Report of French-Venezuelan Mixed Claims Commission of 1902U.S. Government Printing Office, 1906 - 471 pages |
Other editions - View all
Common terms and phrases
according acts agreement amount Andrau Moral arbitrator of Berne Atabapo authorities award bolivars Brun Caracas Carúpano cause cent citizen Ciudad Bolívar claim claimant Colombia Compagnie Générale concession contract convention d'exécution d'une damages décembre decision declared Delort demand dénégations de justice denials of justice diplomatic debt Doctor Paúl documents dommages droit established été exploitation Fabiani fact faits du prince February February 24 Fiat foreign affairs French commissioner Générale de l'Orénoque Government of Venezuela Güiria high Federal court honorable arbitrator honorable commissioner indemnification indemnity interest Intérêts Juan judiciaires l'Etat letters rogatory liquidators Maipures Maninat Maracaibo ment minister of foreign mixed commission nationality opinion Orinoco and Amazonas Paris parties payment Port of Spain presented protocol qu'il question Ramón F Republic res judicata rescission respondent Government responsibility Roncayolo Santa Bárbara steamer submitted territory tetanus Thomas Massiani Tinaquillo tion tribunal umpire Upper Orinoco Vene Vénézuéla Venezuelan Government wound zuela Zulia
Popular passages
Page 358 - But where the second action between the same parties is upon a different claim or demand, the judgment in the prior action operates as an estoppel only as to those matters in issue or points controverted, upon the determination of which the finding or verdict was rendered.
Page 355 - ... or their privies; and even if the second suit is for a different cause of action, the right, question or fact once so determined must, as between the same parties or their privies...
Page 358 - The language, therefore, which is so often used, that a judgment estops not only as to every ground of recovery or defense actually presented in the action, but also as to every ground which might have been presented, is strictly accurate, when applied to the demand or claim in controversy. Such demand or claim, having passed Into judgment, cannot again be brought Into litigation between the parties in proceedings at law upon any ground whatever.
Page 223 - ... jurisdiction of the United States, whose fathers were or may be at the time of their birth citizens thereof, are declared to be citizens of the United States; but the rights of citizenship shall not descend to children whose fathers never resided in the United States.
Page 27 - Military necessity, as understood by modern civilized nations, consists in the necessity of those measures which are indispensable for securing the ends of the war, and which are lawful according to the modern law and usages of war.
Page 140 - Ireland, hereby solemnly and sincerely engage to consider the decision of the commissioners conjointly, or of the arbitrator or umpire, as the case may be, as absolutely final and conclusive upon each claim decided upon by them or him respectively, and to give full effect to such decisions without any objection, evasion, or delay whatsoever.
Page 142 - The object of the treaty was to invest the commissioners with full power and authority to receive, examine and decide upon the amount and validity of the asserted claims upon Spain for damages and injuries. Their decision, within the scope of this authority, is conclusive and final. If they pronounce the claim valid or invalid, if they ascertain the amount, their award in the premises is not reexaminable. The parties must abide by it, as the decree of a competent tribunal of exclusive jurisdiction.
Page 140 - Commission as a full, perfect and final settlement of all such claims as are mentioned in Article XII of this Treaty upon either Government ; and further engage that every such claim, whether or not the same may have been presented to the notice of, made, preferred, or laid before the said Commission...
Page 141 - President, by and with the advice and consent of the Senate, which commission shall meet at the city of Washington, and, within the space of three years from the time of their first meeting, shall receive, examine, and decide upon the amount and validity of all the claims included within the descriptions above mentioned.
Page 302 - The commissioners, or in case of their disagreement, the umpire, shall decide all claims upon a basis of absolute equity, without regard to objections of a technical nature, or of the provisions of local legislation.