A Selection of Cases on the Conflict of Laws, Volumen1Harvard Law review publishing association, 1900 |
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Página 10
... fact , such encroachments are gen- erally made for the benefit of the navigation ; and are therefore read- ily acquiesced in . Or they are for the purposes of defence , and come within the principle that a nation may do what is ...
... fact , such encroachments are gen- erally made for the benefit of the navigation ; and are therefore read- ily acquiesced in . Or they are for the purposes of defence , and come within the principle that a nation may do what is ...
Página 14
... facts to which they speak , witnesses whose statements , or the foundation on which those statements rest , we are ... fact , and , fortunately , the writers upon whose statements we are called upon to act have afforded us the means of ...
... facts to which they speak , witnesses whose statements , or the foundation on which those statements rest , we are ... fact , and , fortunately , the writers upon whose statements we are called upon to act have afforded us the means of ...
Página 15
... fact of these treaties having been entered into has rather the opposite tendency for it is obvious that , if the territo- rial right of a nation bordering on the sea to this portion of the adja- cent waters had been established by the ...
... fact of these treaties having been entered into has rather the opposite tendency for it is obvious that , if the territo- rial right of a nation bordering on the sea to this portion of the adja- cent waters had been established by the ...
Página 18
... fact that all pretension to sovereignty or jurisdiction over foreign ships in the narrow seas has long since been wholly abandoned to the uncertainty which attaches to the doc- trine of the publicists as to the degree of sovereignty and ...
... fact that all pretension to sovereignty or jurisdiction over foreign ships in the narrow seas has long since been wholly abandoned to the uncertainty which attaches to the doc- trine of the publicists as to the degree of sovereignty and ...
Página 23
... fact that no record can be found of the exercise of this particular authority . Cases of collision are not often the subject of criminal inquiry , they do not often happen within local limits so as to ence . raise this particular ...
... fact that no record can be found of the exercise of this particular authority . Cases of collision are not often the subject of criminal inquiry , they do not often happen within local limits so as to ence . raise this particular ...
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Términos y frases comunes
acquired action Admiralty alleged appear applied attachment authority British Buzzard's Bay citizen civil claim colonies committed common carriers common law Conflict of Laws Constitution contract corporation court of equity creditor debt debtor decision declared decree defendant doctrine domicile domicile of origin duty effect enforce English equity established evidence exercise existence fact Faridkote fiction foreign garnishee garnishment held high seas intention interest interstate commerce Interstate Commerce Act island Jamaica judge judgment judicial juris jurisdic jurisdiction justice land law of England legislation legislature liability Lord low-water mark marriage Massachusetts ment mortgage nations non-resident notice offence opinion owner parties Pennsylvania personal property plaintiff plaintiff in error plea port principles proceedings purpose question Railroad rendered residence rule Scotland service of process ship situs statute suit Supreme Court taxation territory testator tion treaty tribunals United validity vessel wife writ York
Pasajes populares
Página 33 - Bay, Rhode Island, and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, to be free, sovereign and independent States; that he treats with them as such, and for himself, his heirs and successors, relinquishes all claims to the Government, propriety and territorial rights of the same, and every part thereof.
Página 123 - Municipal law, thus understood, is properly defined to be a 'rule of civil conduct prescribed by the supreme power in a state, commanding what is right and prohibiting what is wrong.
Página 120 - The government of the United States, then, though limited in its powers, is supreme; and its laws, when made in pursuance of the Constitution, form the supreme law of the land, ' ' anything in the Constitution or laws of any State to the contrary notwithstanding.
Página 96 - 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.
Página 55 - Colonies, and of the People and Inhabitants thereof, as near as may be agreeable to the Laws of England...
Página 2 - Any exertion of authority of this sort beyond this limit," says Story, " is a mere nullity, and incapable of binding such persons or property in any other tribunals.
Página 330 - Upon the authority of these cases, and of others which are to be found in the books, as well as upon general principles, this court is of opinion that, in a case of fraud, of trust, or of contract, the jurisdiction of a court of chancery is sustainable wherever the person be found, although lands not within the jurisdiction of that court may be affected by the decree.
Página 187 - Scotland to confirmation, if the same be made according to the forms required either by the law of the place where the same was made or by the law of the place where such person was domiciled when the same was made, or by the laws then in force in that part of her majesty's dominions where he had his domicile of origin.
Página 96 - In all the various cases which have hitherto come before us for decision this court have uniformly supposed that the true interpretation of the 34th section limited its application to State laws strictly local, that is to say, to the positive statutes of the State, and the construction thereof adopted by the local tribunals...
Página 139 - In the silence of any positive rule, affirming, or denying, or restraining the operation of foreign laws, courts of justice presume the tacit adoption of them by their own government, unless they are repugnant to its policy, or prejudicial to its interests.