A Treatise on the Law of Shipping and the Law and Practice of Admiralty, Volume 2Little, Brown, 1869 - Admiralty |
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Page ix
... Libel 370 SECTION V. Of Joinder of Parties . 372 SECTION VI . Of Joinder of Actions ex Contractu and ex Delictu 374 SECTION VII . Of Joinder of Actions in Rem and in Personam 376 SECTION VIII . Of the essential Elements of a Libel 379 ...
... Libel 370 SECTION V. Of Joinder of Parties . 372 SECTION VI . Of Joinder of Actions ex Contractu and ex Delictu 374 SECTION VII . Of Joinder of Actions in Rem and in Personam 376 SECTION VIII . Of the essential Elements of a Libel 379 ...
Page 69
... libel states the loss , it must go further and state the facts which give the right to recover notwithstanding the loss . It was also said to be sufficient if nothing was said in the libel concerning the loss . 2 Jurgenson v . The Snow ...
... libel states the loss , it must go further and state the facts which give the right to recover notwithstanding the loss . It was also said to be sufficient if nothing was said in the libel concerning the loss . 2 Jurgenson v . The Snow ...
Page 109
... libel on these grounds : 1. That the libel and the matters therein set forth are not sufficient in law to constitute a lien upon the ship ; 2. That the lien does not state any service rendered to the ship , which constitutes a lien ...
... libel on these grounds : 1. That the libel and the matters therein set forth are not sufficient in law to constitute a lien upon the ship ; 2. That the lien does not state any service rendered to the ship , which constitutes a lien ...
Page 123
... libel and admitted the contract , and claimed that the loss was occasioned by the negligence of the owner's servants or agents . The court rested its decision on the construc- tion to be given to the second ground of defence , and held ...
... libel and admitted the contract , and claimed that the loss was occasioned by the negligence of the owner's servants or agents . The court rested its decision on the construc- tion to be given to the second ground of defence , and held ...
Page 152
... libel was not filed until May , 1854 , during which time the vessel was plying between Boston and ports in Maine as often as once a month . The rights of a bonā fide purchaser intervening , the libel was dismissed on account of the ...
... libel was not filed until May , 1854 , during which time the vessel was plying between Boston and ports in Maine as often as once a month . The rights of a bonā fide purchaser intervening , the libel was dismissed on account of the ...
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Common terms and phrases
action admiralty aforesaid agent allowed amount answer appeal apply authority belong boat bound brought cargo carrying cause cents certificate charge circuit citizen claim collector commander commissioners Congress considered consul contract costs court crew damages decree defendant delivered direct discharge district district court dollars duty employed entitled evidence fact filed foreign freight further enacted give given granted held hundred interest judge jurisdiction Justice Large liable libel license lien manner mariner maritime master necessary officer owner paid party passengers performed person pilot port possession prize proceedings proceeds question reason receive recover refused registered regulations rendered respect rule salvage seamen ship or vessel Sprague statute sufficient suit taken term thereof tort U. S. Stats United unless voyage wages Ware whole
Popular passages
Page 627 - 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 436 - that the laws of the several States, except where the constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases where they apply.
Page 437 - That in actions by or against executors, administrators or guardians, in which judgment may be rendered for or against them, neither party shall be allowed to testify against the other, as to any transaction with, or statement by, the testator, intestate or ward, unless called to testify thereto by the opposite party, or required to testify thereto by the court.
Page 216 - State in which a decision in the suit could be had, where is drawn in question the validity of a treaty or statute of, or an authority exercised under the United States, and the decision is against their validity; or where is drawn in question the validity of a statute of, or an authority exercised under any State, on the ground of their being repugnant to the constitution, treaties or laws of the United States...
Page 650 - An act to provide for the better security of the lives of passengers on board of vessels propelled in whole or in part by steam...
Page 571 - An act for enrolling and licensing ships or vessels to be employed in the coasting trade and fisheries, and for regulating the same.
Page 163 - ... 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 burden, within their respective districts, as well as upon the high seas...
Page 611 - In all suits for an assault or beating on the high seas, or elsewhere within the admiralty and maritime jurisdiction, the suit shall be in personam only.
Page 574 - That if any person shall falsely make, forge or counterfeit, or cause or procure to be falsely made, forged or counterfeited, or willingly aid or assist in falsely making, forging or counterfeiting any bill or note in imitation of or purporting to be...
Page 522 - Vessels built within the United States and belonging wholly to citizens thereof; and vessels which may be captured in war by citizens of the United States and lawfully condemned as prize, or which may be adjudged to be forfeited for a breach of the laws of the United States...