The Jurisdiction and Procedure of the Admiralty Courts of the United States in Civil Causes: (On the Instance Side.)

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Kay & Brother, 1885 - 496 pages

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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 - ... on both sides ; in such a case, the rule of law is, that the loss must be apportioned between them, as having been occasioned by the fault of both of them.
Page 403 - In cases of foreign attachment, the garnishee shall be required to answer an 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 admits any debts, credits, or effects, the same shall be held in his hands, liable to answer the exigency of the suit. XXXVIII. In...
Page 238 - This is not giving to the statutes of any nation extraterritorial effect. It is not treating them as general maritime laws, but it is recognition of the historical fact that, by common consent of mankind, these rules have been acquiesced in as of general obligation. Of that fact we think we may take judicial notice. Foreign municipal laws must indeed be proved as facts, but it is not so with the law of nations.
Page 320 - In all cases of a final decree for the payment of money, the libellant shall have a writ of execution, in the nature of a. fieri facias, commanding the marshal or his deputy to levy and collect the amount thereof out of the goods and chattels, lands and tenements, or other real estate of the respondent, claimant, or stipulators. And any other remedies shall be available that may exist under the State or Federal law for the enforcement of judgments or decrees.
Page 416 - Proof of all claims which shall be filed in pursuance of said monition shall thereafter be made before a commissioner to be designated by the court, or before the court as the court may determine, subject to the right of any person interested to question or controvert the same ; and...
Page 250 - ... shall in no case exceed the amount or value of the interest of such owner or owners respectively, in such ship or vessel, and her freight then pending.
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 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 388 - ... to abide by all orders, interlocutory or final, of the court, and pay the amount awarded by the final decree rendered in the court to which the process is returnable, or in any appellate court...

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