A Treatise on Private International Law: With Principal Reference to Its Practice in EnglandW. Maxwell & son, 1880 - 340 pages |
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Page 108
... tort : Conflict of Laws , § 514. This may well be true , and yet he may be also liable in the country from which he derives his grant . In Stirling - Maxwell v . Cartwright , 1879 , L. R. , W. N. 1879 , p . 73 , the court of appeal ...
... tort : Conflict of Laws , § 514. This may well be true , and yet he may be also liable in the country from which he derives his grant . In Stirling - Maxwell v . Cartwright , 1879 , L. R. , W. N. 1879 , p . 73 , the court of appeal ...
Page 182
... tort ; and that obligation will not be measured by the lex situs of the foreign immovables to which it relates , but in accordance with the rules of private international law on obligations arising from , or as from , contract or tort ...
... tort ; and that obligation will not be measured by the lex situs of the foreign immovables to which it relates , but in accordance with the rules of private international law on obligations arising from , or as from , contract or tort ...
Page 190
... tort . In the former cases , a condition or a thing is disposed of , and although active duties may arise out of the condition , the duty which arises in relation to the thing is merely the negative one of not disturbing the enjoyment ...
... tort . In the former cases , a condition or a thing is disposed of , and although active duties may arise out of the condition , the duty which arises in relation to the thing is merely the negative one of not disturbing the enjoyment ...
Page 220
... the general notions on jurisdiction the forum delicti and the forum rei are equally compe- tent in cases of tort , we have to enquire which of them is the primary urisdiction ; not in the historical sense , in which CHAPTER XI TORTS.
... the general notions on jurisdiction the forum delicti and the forum rei are equally compe- tent in cases of tort , we have to enquire which of them is the primary urisdiction ; not in the historical sense , in which CHAPTER XI TORTS.
Page 221
... tort , where necessarily there has been no such dealing . A law which gives damages for a wrong must proceed on grounds of justice or public expediency , and if the personal law of the defendant refuses damages which the lex loci ...
... tort , where necessarily there has been no such dealing . A law which gives damages for a wrong must proceed on grounds of justice or public expediency , and if the personal law of the defendant refuses damages which the lex loci ...
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Common terms and phrases
abroad according action administration appears applied arise assets assignment Att.-Gen authority bankrupt bankruptcy Beav British subject Brougham Campbell civil claim Code Napoleon Company contract Cranworth creditors Cresswell debt debtor deceased decided decision decree defendant determined divorce doctrine domicile domiciled in England duty effect enforced English court English law executor favour foreign judgment foreign law France governed grant ground Hagg held husband immovables indorser judge judicial jurisdiction land last domicile latter law of England lex domicilii lex fori lex loci actus lex loci contractus lex situs liable lord Lushington marriage matrimonial domicile maxim ment movable property national law Naturalization Act 1870 obligation opinion parties personal estate personal jurisdiction personal law personal statute plaintiff political nationality possession principle private international law probate proceedings question quoted referred regard residence Roman Romilly rule Savigny Scotch Scotland ship sovereign territory testator tion trustees United Kingdom validity
Popular passages
Page 290 - 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 155 - It is a clear proposition, not only of the law of England, but of every country in the world where law has the semblance of science, that personal property has no locality. The meaning of that is, not that personal property has no visible locality, but that it is subject to that law which governs the person of the owner...
Page 289 - Kingdom, with this qualification, that he shall not, when within the limits of the foreign State of which he was a subject previously to obtaining his certificate of naturalisation, be deemed to be a British subject unless he has ceased to be a subject of that State in pursuance of the laws thereof, or in pursuance of a treaty to that effect.
Page 217 - State, or by any judge or justice therein respectively, whereby the person of any ambassador or other public minister of any foreign prince or State, authorized and received as such by the President of the United States, or any domestic or domestic servant of any such ambassador or other public minister...
Page 54 - English law applicable to such a case. But the only principle applicable to such a case by the law of England is that the validity of Miss Gordon's marriage rights must be tried by reference to the law of the country where, if they exist at all, they had their origin. Having furnished this principle, the law of England withdraws altogether, and leaves the legal question to the exclusive judgment of the law of Scotland.
Page 288 - Majesty, and of this present Act, be adjudged and taken to be, and all such children are hereby declared to be natural-born subjects of the Crown of Great Britain, to all intents, constructions, and purposes whatsoever.
Page 75 - It is the strong inclination of my own opinion that the only fair and satisfactory rule to adopt on this matter of jurisdiction is to insist upon the parties in all cases referring their matrimonial differences to the courts of the country in which they are domiciled.
Page 206 - Where persons are sued as partners in the name of their firm, the writ shall be served either upon any one or more of the partners, or at the principal place within the jurisdiction of the business of the partnership upon any person having at the time of service the control or management of the partnership business there ; and, subject to these rules, such service shall be deemed good service upon the firm.
Page 293 - Where the father, or the mother being a widow, has obtained a certificate of naturalization in the United Kingdom, every child of such father or mother who during infancy has become resident with such father or mother in any part of the United Kingdom, [or with such father while in the service of the Crown out of the United Kingdom "] , shall be deemed to be a naturalized British subject.
Page 306 - We confine our judgment to a case where the party owed allegiance to the country in which the judg McEwan v. Zimmer. ment was so given against him, from being born in it, and by the laws of which country his property was, at the time those judgments were given, protected. The debts were contracted in the country in which the judgments were given, whilst the debtor resided in it.