A Treatise on Private International Law: With Principal Reference to Its Practice in EnglandSweet & Maxwell, 1922 - 454 pages |
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Page iv
... determination of the rate of exchange in an action involving foreign law , and exterritoriality of public vessels . I have not cut short the historical argument and the logical reasoning of Westlake set out in former editions , because ...
... determination of the rate of exchange in an action involving foreign law , and exterritoriality of public vessels . I have not cut short the historical argument and the logical reasoning of Westlake set out in former editions , because ...
Page xxxviii
... determined according to English law ; and the Court refused to admit evidence of a customary meaning in America of the word shipped , " which was inconsistent with the term expressed in the English contract . Mowbray & Robinson v ...
... determined according to English law ; and the Court refused to admit evidence of a customary meaning in America of the word shipped , " which was inconsistent with the term expressed in the English contract . Mowbray & Robinson v ...
Page 11
... determined where circumstances might suggest a conflict between two of them , or between one of them and the general Roman law . Often a text seems to assume that all the relevant circumstances point to one law only , so that the only ...
... determined where circumstances might suggest a conflict between two of them , or between one of them and the general Roman law . Often a text seems to assume that all the relevant circumstances point to one law only , so that the only ...
Page 14
... determined by reasoning , there was involved a denial of the doctrine to which John Voet and Huber were long after- wards led by an exaggeration of territorial sovereignty , namely , that no jurisdiction can apply any other law than the ...
... determined by reasoning , there was involved a denial of the doctrine to which John Voet and Huber were long after- wards led by an exaggeration of territorial sovereignty , namely , that no jurisdiction can apply any other law than the ...
Page 16
... determining the legitimate field of operation of laws was to effect a reconciliation , or at least a modus rivendi , between the Roman principle enforced by the gloss , that law depends on personal subjection to it , and the feudal ...
... determining the legitimate field of operation of laws was to effect a reconciliation , or at least a modus rivendi , between the Roman principle enforced by the gloss , that law depends on personal subjection to it , and the feudal ...
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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.