 | United States. Supreme Court - Law reports, digests, etc - 1817 - 584 pages
...to excite the vigilance, and justify the suspicions of the court. But it is a circumstance open to explanation, for it may have arisen from accident, necessity, or superior force ; and if the party in the first instance fairly and frankly explains it to the satisfaction of the... | |
 | James Kent - Law - 1832 - 590 pages
...juris et de jure; and yet, a case that escapes with such a brand upon it, is saved so as by fire.' The Supreme Court of the United States has followed the...have arisen from accident, necessity, or superior force.b If the explanation be not prompt and frank, or be weak and futile ; if the cause labours under... | |
 | James Kent - Law - 1851 - 706 pages
...& Gilehrist v. Marine lus. Co., 7 Cranch, 544. • The Hunter, 1 Dodson's Adm. Rep. 480. VOL. I. 11 rigorous English rule, and held that the spoliation...have arisen from accident, necessity, or superior force.a If the explanation be not prompt and frank, or be weak and futile ; if the cause labours under... | |
 | James Kent - Law - 1854 - 714 pages
...juris et dejure; and yet, a case that escapes with such a brand upon it, is saved so as by fire.b The Supreme Court of the United States has followed the less rigorous English rule, and held that the spoilation of papers was not, of itself, sufficient ground for condemnation, and that it was a circumstance... | |
 | William Hazlitt, Henry Philip Roche - War, Maritime (International law) - 1854 - 498 pages
...of other countries, create an absolute presumption juris et de jure. The spoliation of papers may be a circumstance open for explanation, for it may have...arisen from accident, necessity, or superior force. (The Pizarro, 2 Wheat. 227.) If the explanation, however, be not prompt and frank, or be weak and futile,... | |
 | James Kent - Law - 1858 - 732 pages
...el de jure ; and yet, a case that escapes with such a brand upon it, is saved so as by fire, (c) The Supreme Court of the United States has followed the...arisen from accident, necessity, or superior force, (d) If the explanation be not prompt and frank, or be weak and futile ; if the cause labors under heavy... | |
 | James Kent - Law - 1860 - 748 pages
...et de jurc ; and yet, a case that escapes with such a brand upon it, is saved so as by fire, (c) The Supreme Court of the United States has followed the...arisen from accident, necessity, or superior force, (d) If the explanation be not prompt and frank, or be weak and futile ; if the cause labors under heavy... | |
 | Richard Peters - Law reports, digests, etc - 1860 - 836 pages
...to excite the vigilance and justify the suspicions of the court ; but it is a circumstance open to explanation ; for it may have arisen from accident, necessity, or superior force. If the Salvage. General Principles on which Salvage is allowed. party in the first instance frankly explains... | |
 | James Kent - Law - 1866 - 724 pages
...et de jure ; and yet a case that escapes with such a brand upon it is saved so as by fire, (a) The Supreme Court of the United States has followed the...sufficient ground for condemnation, and that it was a circum(6) The Catherine Elizabeth, 5 Rob. Aim. 232. (c) Answer to the Prussian Memorial, 1753; Iliibner,... | |
 | James Kent - Law - 1866 - 722 pages
...Livingston v. Maryland Ins. Co. 7 Cranch, 544; 2 Parsons Maritime Law, 115 ; I Arnold Ins. 630, 631. stance open for explanation, for it may have arisen from accident, necessity, or superior force. (6) If the explanation be not prompt and frank, or be weak and futile ; if the cause labors under heavy... | |
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The Supreme Court of the United States has followed the less rigorous English rule, and held that the spoliation of papers was not of itself sufficient ground for condemnation, and that it was a circumstance open for explanation, for it may have arisen... 
