A Treatise on Private International Law: With Principal Reference to Its Practice in EnglandSweet & Maxwell, 1922 - 454 pages |
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Page xxxvii
... judgment creditors exhausted the estate in America , while no claims were made against the English estate by the American creditors , but sub- sequently an application was made by the American administrator for the delivery of the ...
... judgment creditors exhausted the estate in America , while no claims were made against the English estate by the American creditors , but sub- sequently an application was made by the American administrator for the delivery of the ...
Page xxxix
... judgment . He apparently inclined ( at p . 465 ) to the view that the debtor's obligation is to pay in the foreign currency , and so continues until the debt is merged in the judgment , which should give him the English equivalent at ...
... judgment . He apparently inclined ( at p . 465 ) to the view that the debtor's obligation is to pay in the foreign currency , and so continues until the debt is merged in the judgment , which should give him the English equivalent at ...
Page 3
... judgment is passed on the question of their application . Hence it would be difficult to frame any verbal definition of law which should include both national and international law . The very notion . of uniformity , on which a link ...
... judgment is passed on the question of their application . Hence it would be difficult to frame any verbal definition of law which should include both national and international law . The very notion . of uniformity , on which a link ...
Page 6
... judgments pronounced in another , by virtue both of the lex loci actus and , in matters of status , of the personal law ... judgment pronounced in an action will be allowed any force beyond the limits of the jurisdiction in which it was ...
... judgments pronounced in another , by virtue both of the lex loci actus and , in matters of status , of the personal law ... judgment pronounced in an action will be allowed any force beyond the limits of the jurisdiction in which it was ...
Page 7
... judgments . What then is to be inferred from the silence of the national law on these topics ? The inference that the national law itself must always be applied , and that no validity is to be allowed to foreign judg- ments , would have ...
... judgments . What then is to be inferred from the silence of the national law on these topics ? The inference that the national law itself must always be applied , and that no validity is to be allowed to foreign judg- ments , would have ...
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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.