American Law and Procedure, Volume 10James Parker Hall, James De Witt Andrews La Salle Extension University, 1910 - Law |
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Common terms and phrases
act of bankruptcy actual damage adopted agreement allowed amount assessed authority awarded bankrupt bankruptcy law belligerent blockade C. B. DAVENPORT capture cause of action citizens common law compensation confiscation consequences considered contraband contract court held creditors debtor debts defendant defendant's determining discharge discretion domicil entitled Eugenics Record Office evidence exemplary damages exempt fact fraudulent conveyances give hostile insolvent interest international law judgment jurisdiction jury land laws of war letter of credence liability lien limited loss marginal seas matter measure of damages ment military nations nature navigation necessary neutral nominal damages obligations paid parties pecuniary penalty petition plaintiff port postliminium principle proceedings profits provisions punishment question reasonable recover recovery result river rule seas Second Peace Conference SECTION ship sovereign statute territorial waters tion tort treaty trustee United vendee vendor verdict vessels violated voluntary wrong
Popular passages
Page 325 - In considering the operation of this judgment, it should be borne in mind, as stated by counsel, that there is a difference between the effect of a judgment as a bar or estoppel against the prosecution of a second action upon the same claim or demand, and its effect as an estoppel in another action, between the same parties, upon a different claim or cause of action.
Page 250 - ... rights of action arising upon contracts or from the unlawful taking or detention of, or injury to, his property.
Page 245 - Property which prior to the filing of the petition he could by any means have transferred...
Page 3 - It has also been observed that an act of congress ought never to be construed to violate the law of nations if any other possible construction remains...
Page 324 - ... the judgment of a court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence, conclusive, between the same parties, upon the same matter, directly in question in another court...
Page 157 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally — ie, according to the usual course of things, from such breach of contract itself — or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it.
Page 76 - The occupying State shall be regarded only as administrator and usufructuary of public buildings, real estate, forests, and agricultural estates belonging to the hostile State, and situated in the occupied country. It must safeguard the capital of these properties, and administer them in accordance with the rules of usufruct.
Page 325 - It is a finality as to the claim or demand in controversy, concluding parties and those In privity with them, not only as to every matter which was offered and received to sustain or defeat the claim or demand, but as to any other admissible matter which might have been offered for that purpose.
Page 281 - ... wages due to workmen, clerks, or servants which have been earned within three months before the date of the commencement of proceedings, not to exceed three hundred dollars to each claimant; and (5) debts owing to any person who by the laws of the States or the United States is entitled to priority.
Page 3 - International law is part of our law, and must be ascertained and administered by the courts of justice of appropriate jurisdiction, as often as questions of right depending upon it are duly presented for their determination.