A Selection of Cases on the Conflict of Laws, 1. köideHarvard Law review publishing association, 1900 |
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Page v
... judicial power , and of the obligation and right of individuals to obey and to take advantage of the legislation of one or another State . These are questions of international law , which should properly be decided in every country in ...
... judicial power , and of the obligation and right of individuals to obey and to take advantage of the legislation of one or another State . These are questions of international law , which should properly be decided in every country in ...
Page 2
... judicial decisions . Every exertion of authority of this sort beyond this limit is a mere nullity , and incap- able of binding such persons or property in any other tribunals . " " The power of this country , " says Dr. Lushington in ...
... judicial decisions . Every exertion of authority of this sort beyond this limit is a mere nullity , and incap- able of binding such persons or property in any other tribunals . " " The power of this country , " says Dr. Lushington in ...
Page 7
... judicial system had been set fast - the jurisdiction of the common law over the land and the inland waters contained within it , forming together the realm of England , that of the admiral over English vessels on the seas , the common ...
... judicial system had been set fast - the jurisdiction of the common law over the land and the inland waters contained within it , forming together the realm of England , that of the admiral over English vessels on the seas , the common ...
Page 13
... judicial application of the law on the sole authority of their views or statements . Nor , in my opinion , would the clearest proof of unanimous assent on the part of other nations be sufficient to authorize the tribunals of this ...
... judicial application of the law on the sole authority of their views or statements . Nor , in my opinion , would the clearest proof of unanimous assent on the part of other nations be sufficient to authorize the tribunals of this ...
Page 16
... judicial knowledge is concerned , as to the extent of such assent , likewise presents , I think , a very serious obstacle to our assuming the jurisdiction we are called upon to exercise , independently of the , to my mind , still more ...
... judicial knowledge is concerned , as to the extent of such assent , likewise presents , I think , a very serious obstacle to our assuming the jurisdiction we are called upon to exercise , independently of the , to my mind , still more ...
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Common terms and phrases
acquired action Admiralty alleged appear applicable attachment authority British Buzzard's Bay citizen claim colonies common carriers common law Conflict of Laws Constitution contract corporation court of equity Court of Session creditor death debt debtor decision declared decree defendant doctrine domicile of origin duty effect enforce English equity established evidence existence fact foreign garnishee garnishment held high seas intention interest interstate commerce Interstate Commerce Act Jamaica judge judgment judicial juris jurisdiction Justice land law of England legislation legislature liability Lord low-water mark Massachusetts ment mortgage nations non-resident North Bridgewater notice offence opinion owner parties personal property plaintiff plaintiff in error plea port principles proceedings purpose question Railroad rendered Reported residence rule Scotland service of process settled ship situs statute suit Supreme Court taxation territory testator tion treaty tribunals United vessel wife York
Popular passages
Page 31 - 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.
Page 121 - 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.
Page 346 - And the said records and judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the State from whence the said records are or shall be taken.
Page 94 - 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 118 - 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.
Page 24 - When private individuals of one nation spread themselves through another as business or caprice may direct, mingling indiscriminately with the inhabitants of that other, or when merchant vessels enter for the purposes of trade, it would be obviously inconvenient and dangerous to society, and would subject the laws to continual infraction, and the government to degradation, if such individuals or merchants did not owe temporary and local allegiance, and were not amenable to the jurisdiction of the...
Page 185 - 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.
Page 72 - All the laws which have heretofore been adopted, used, and approved in the Province, Colony, or State of Massachusetts Bay, and usually practised on in the courts of law...