Reports of Cases Decided in the Circuit and District Courts of the United States for the Ninth Circuit, Volume 3A.L. Bancroft, 1877 - District courts |
From inside the book
Results 1-5 of 88
Page 17
... VESSEL IN CUSTODY .-- An owner who has regained possession of his vessel after seizure , either by successfully defending the original suit or by paying or giving bonds for the payment of the debts for which she was seized , cannot ...
... VESSEL IN CUSTODY .-- An owner who has regained possession of his vessel after seizure , either by successfully defending the original suit or by paying or giving bonds for the payment of the debts for which she was seized , cannot ...
Page 18
... vessel in the custody of this court , and such , it is argued , would be its effect if the lien now claimed be allowed . It is further argued that any lien , whether maritime or by municipal law , is founded upon a supposed credit given ...
... vessel in the custody of this court , and such , it is argued , would be its effect if the lien now claimed be allowed . It is further argued that any lien , whether maritime or by municipal law , is founded upon a supposed credit given ...
Page 19
... vessel in the hands of a purchaser at the judicial sale or against her proceeds when brought into court for distribution . Thus a wharfinger whose demand has accrued after seizure , can set up no lien on the vessel even if his ...
... vessel in the hands of a purchaser at the judicial sale or against her proceeds when brought into court for distribution . Thus a wharfinger whose demand has accrued after seizure , can set up no lien on the vessel even if his ...
Page 20
... vessel ; and yet these contracts , subordinated as they would necessarily be to the authority of the court , and the rights of the suitors before it , he might make , without in the least degree interfering with the one or impairing the ...
... vessel ; and yet these contracts , subordinated as they would necessarily be to the authority of the court , and the rights of the suitors before it , he might make , without in the least degree interfering with the one or impairing the ...
Page 21
... vessel was in the custody of the law , is no bar to a libel in rem , to enforce the lien against the vessel in the hands of the owner , to whom she has been restored on dissolution of the admiralty attachment . 2. If this general ...
... vessel was in the custody of the law , is no bar to a libel in rem , to enforce the lien against the vessel in the hands of the owner , to whom she has been restored on dissolution of the admiralty attachment . 2. If this general ...
Common terms and phrases
act of Congress adjudication administrator adverse possession affidavit alleged Allenwood amended appear application assignment attorney authority bankrupt bankruptcy bill bond California certificate Circuit Court claim claimant commencement commissioner common law complaint Comstock contract corporation counsel court of equity Court-Deady Court-Hoffman Court-Mr Court-Sawyer creditors DEADY debtor debts decree defendant demurrer discharge District Court District Judge DISTRICT OF CALIFORNIA duties entitled equity estoppel evidence filed grant heirs held Indian indictment issued joint judgment jurisdiction jury Justice Field Laidlaw & Gate land office liability libellant lien Los Angeles Star master ment negligence nitro-glycerine Opinion Oregon owner parties passengers patent person petition plaintiff port possession premises proceedings proof provisions publication question re-issue record res adjudicata revised statutes rule San Francisco SAWYER ship Stat Statement of Facts statute of limitations suit Supreme Court survey therein thereof tion United valid vessel void voyage
Popular passages
Page 639 - Whenever, by priority of possession, rights to the use of water for mining, agricultural, manufacturing, or other purposes, have vested and accrued, and the same are recognized and acknowledged by the local customs, laws, and the decisions of courts, the possessors and owners of such vested rights shall be maintained and protected in the same...
Page 218 - It is very true that a corporation can have no legal existence out of the boundaries of the sovereignty by which it is created. It exists only in contemplation of law, and by force of the law ; and where that law ceases to operate, and is no longer obligatory, the corporation can have no existence. It must dwell in the place of its creation, and cannot migrate to another sovereignty.
Page 638 - States and those who have declared their intention to become such, under regulations prescribed by law, and according to the local customs or rules of miners in the several mining districts, so far as the same are applicable and not inconsistent with the laws of the United States.
Page 261 - State, and at the expense of the United States, be arrested and imprisoned, or bailed, as the case may be, for trial before such court of the United States as by law has cognizance of the offense.
Page 219 - Having no absolute right of recognition in other states, but depending for such recognition and the enforcement of its contracts upon their assent, it follows, as a matter of course, that such assent may be granted upon such terms and conditions as those states may think proper to impose.
Page 155 - Chinese subjects visiting or residing in the United States shall enjoy the same privileges, immunities and exemptions in respect to travel or residence as may there be enjoyed by the citizens or subjects of the most favored nation.
Page 618 - ... so appropriated to the separate estate of each partner shall be applied to the payment of his separate debts ; and the certificate of discharge shall be granted or refused to each partner as the same would or ought to be if the proceedings had been against him alone under this act; and in all other respects the proceedings against partners shall be conducted in the like manner as if they had been commenced and prosecuted against one person alone.
Page 259 - ISfiO, and which are hereby made part and parcel of this policy as fully as if herein recited, and upon the faith of which this agreement is made, shall be found in any respect untrue, then and in such case this policy shall be null and void.
Page 157 - ... and, generally, the merchants and traders of each nation, respectively, shall enjoy the most complete protection and security for their commerce; subject always to the laws and statutes of the two countries respectively.
Page 261 - ... each of the said district courts shall have and exercise the same jurisdiction, in all cases arising under the constitution and laws of the United States...