A Treatise on Private International Law: With Principal Reference to Its Practice in EnglandSweet & Maxwell, 1922 - 454 pages |
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Page 5
... defendant is personally subject , the forum rei . The last * The opposite view , that all law ought first to be divided into public and private and each of these departments subdivided into national and international , is expressed by ...
... defendant is personally subject , the forum rei . The last * The opposite view , that all law ought first to be divided into public and private and each of these departments subdivided into national and international , is expressed by ...
Page 6
... defendant within the territory . This seems to have been regarded as a case of the forum rei , the defendant's mere presence within the territory being supposed to make him personally subject to the jurisdiction , irrespective of any ...
... defendant within the territory . This seems to have been regarded as a case of the forum rei , the defendant's mere presence within the territory being supposed to make him personally subject to the jurisdiction , irrespective of any ...
Page 9
... defendant's casual presence within the territory . And the prin- ciple of the lex loci actus for the forms of instruments was not only opposed in England by the considerations just mentioned . with regard to land , but from another ...
... defendant's casual presence within the territory . And the prin- ciple of the lex loci actus for the forms of instruments was not only opposed in England by the considerations just mentioned . with regard to land , but from another ...
Page 12
... defendant in every town in which he has citizenship by origo , and also in every town in which he has a domicile . " But in the Corpus Juris we hear comparatively little of the former jurisdiction . In the first place that rule had ...
... defendant in every town in which he has citizenship by origo , and also in every town in which he has a domicile . " But in the Corpus Juris we hear comparatively little of the former jurisdiction . In the first place that rule had ...
Page 13
... defendant governed ; if an obligation could not be established against him by his own law , there was no other to which he was subject . But marriage was to be celebrated according to the law of the husband , and so strictly was this ...
... defendant governed ; if an obligation could not be established against him by his own law , there was no other to which he was subject . But marriage was to be celebrated according to the law of the husband , and so strictly was this ...
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Common terms and phrases
abroad according action administration affirmed appears applied assets Att.-Gen authority Bank bankruptcy bill British subject capacity claim colony contract Cozens-Hardy creditors debt debtor deceased decided decision decree defendant determined divorce doctrine domicile domiciled in England dominions duty effect enforced England English court English law Esher executor favour foreign country foreign court foreign judgment foreign law France French Gorell Barnes governed grant ground held House of Lords husband immovables India indorsement intestacy judge judicial jurisdiction land last domicile law of England lex domicilii lex fori lex loci actus lex loci contractus lex situs liable Lindley Lord marriage matrimonial domicile matter movables national law obligation opinion owner parties payable payment personal law Phillimore plaintiff principle private international law probate proceedings question referred regard residence rule Scotch Scotland settlement ship statute sued territory testator tion trust United Kingdom validity wife writ
Popular passages
Page 253 - Court may be necessary in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the cause or matter, be added.
Page 359 - That after the said limitation shall take effect as aforesaid, no person born out of the kingdoms of England, Scotland, or Ireland, or the dominions thereunto belonging, (although he be naturalized or made a denizen, — except such as are born of English parents), shall be capable to be of the privy council, or a member of either house of parliament...
Page 120 - British subject (whatever may be the domicile of such person at the time of making the same or at the time of his or her death) shall as regards personal estate be held to be well executed...
Page 253 - The Court or a judge may, at any stage of the proceedings, either upon or without the application of either party, and on...
Page 246 - British subject or not, and the grounds upon which the application is made ; and no such leave shall be granted unless it shall be made sufficiently to appear to the Court or Judge that the case is a proper one for service out of the jurisdiction under this Order.
Page 362 - The wife of a British subject shall be deemed to be a British subject, and the wife of an alien shall lie deemed to be an alien...
Page 286 - ... general rule is, that the law of the country where a contract is made governs as to the nature, the obligation and the interpretation of it. The parties to a contract are either the subjects of the power there ruling, or as temporary residents owe it a temporary allegiance ; in either case equally, they must be understood to submit to the law there prevailing, and to agree to its action upon their contract. It is, of course, immaterial that such agreement is not expressed in terms ; it is equally...
Page 246 - When the Defendant is neither a British subject nor in British dominions, notice of the writ, and not the writ itself, is to be served upon him.
Page 363 - Where a person being a British subject ceases to be a British subject, whether by declaration of alienage or otherwise, every child of that person, being a minor shall thereupon cease to be a British subject, unless such child...
Page 253 - Judge, issue a notice (hereinafter called the third-party notice) to that effect, stamped with the seal with which writs of summons are sealed. A copy of such notice shall be filed with the proper officer and served on such person according to the rules relating to the service of writs of summons.