Court : US Supreme Court
..... may be imagined where the denial of such a remedy would shock the public sense; as if the circuit court, in a case where the prisoner was duly convicted of murder upon the high seas under the crimes act of the third of march, 1825, should, through inadvertence, sentence the prisoner not only that "he shall suffer death," but that the body of the offender "shall be delivered to a surgeon for dissection," as the sentence ..... hence, it follows that, inasmuch as the record shows that the indictment is in due form, and that the conviction is valid, and that the judgment is legal in form and such as the act of congress authorized the circuit court to impose, the only proper order which this court could give in the case was to remand the prisoner, as nothing more than that can be done in the ..... court, a few days before the close of the term, vacated it and set it aside, and, on the last day of the term, the prisoner was again brought into court and set at the bar, as lord ellenborough stated, for the purpose of passing upon him a different judgment, which, as he observed, might be done at any time within the same term; and it also appears that mr. ..... which seem to present cases of judgments vacated or modified during the term at which they were rendered, are based upon the doctrines of the english courts that there is no judgment or decree until the decree in chancery is enrolled or the judgment has page 85 u. s. ..... 7 dowling & ryland 687; same case, 5 barnewall & cresswell 256; campbell v. ..... ; campbell .....
Tag this Judgment!Court : US Supreme Court
..... responsibility for loss of money and other valuables named unless notified of their character and value, and has limited their liability to the value of ship and freight where losses happen by the embezzlement or other act of the master, crew, or passengers or by collision or any cause occurring without their privity or knowledge; but the master and crew themselves are held responsible to the parties injured by their negligence or misconduct ..... kountze brothers, [ footnote 43 ] where the carriers were sued for the loss of gold dust delivered to them on a bill of lading excluding liability for any loss or damage by fire, act of god, enemies of the government, or dangers incidental to a time of war, they were held liable for a robbery by a predatory band of armed men (one of the excepted risks) because they negligently and needlessly took a route which ..... hence, as before remarked, we regard the english statute called the railway and canal traffic act, passed in 1854, which declared void all notices and conditions made by common carriers except such as the judge at the trial or the courts should hold just and reasonable as substantially a return to the rules of the ..... " judge campbell, delivering the opinion of the court, said: "a common carrier has in truth two distinct liabilities -- the one for losses by accident or mistake, where he is liable as an insurer; the other for losses by default or negligence, where he is answerable as an ..... [ footnote 35 ] 10 house of lords cases 473. .....
Tag this Judgment!Court : US Supreme Court
..... the principles, rules, and usages which belong to courts of equity and to courts of admiralty respectively, as contradistinguished from courts of common law, except so far as may have been provided for by the act to establish the judicial courts of the united states, subject, however, to such alterations and additions as the said courts respectively shall, in their discretion, deem expedient, or to such regulations as the supreme ..... the principles, rules, and usages which belong to courts of equity and to courts of admiralty respectively, as contradistinguished from courts of common law, except so far as may have been provided for by the act to establish the judicial courts of the united states, subject, however, to such alterations and additions as the said courts respectively shall, in their discretion, deem expedient or to such regulations as the supreme ..... made in march, 1867, to set aside and vacate the clause of attachment contained in the motion and all proceedings under it, this motion being based upon this clause in the eleventh section of the judiciary act: "and a civil suit shall be brought before either of said courts against an inhabitant of the united states by any original process in any other district than that whereof he is an inhabitant or in ..... 21 ] the rules by which it was regulated in the english admiralty are found in clerke's praxis, a work still of ..... campbell, united states marshal" "june 20, 1866" the record, under date of this same 20th of june, noted a .....
Tag this Judgment!Court : US Supreme Court
..... whatever may have been the original ground of this rule (perhaps something in the peculiar constitution of the english courts) the most satisfactory ground for its continued prevalence is that the constitution of a succession to a deceased person's estate partakes in some degree of the nature of a proceeding in rem, in which all persons in the world ..... to probate as the genuine last will and testament of the said broderick, and granting letters testamentary to butler (now deceased) and mcglynn, as executors of said last will and testament, and they proceeded to act as such executors, and allowed and procured to be approved by the probate judge claims against the said estate to the amount of $80,000. ..... was the view of a majority of the law lords on that occasion, lords brougham and campbell agreeing with lord lyndhurst. ..... footnote 3 ] in which an executor and residuary legatee had procured probate of a forged will by fraudulently inducing the testator's son, the person most directly interested, to execute a deed consenting to its probate, and lord hardwicke declared the deed void and compelled the executor to consent, in the ecclesiastical court, to a revocation of the probate. ..... 511 the english authorities were fully discussed by lord lyndhurst in ..... decided by the court, and the burden of the opinion is in strict accord with the settled conclusions of the english courts. ..... to several cases, the judge proceeds: "the american decisions on this subject have followed the english authorities. .....
Tag this Judgment!Court : US Supreme Court
..... when a court in a case where at jury is waived under the act of march 5, 1865 ( see revised statutes of the united states, 649), and the case is submitted to it without the intervention of a jury, finds as a fact that a conveyance was made to certain persons as trustees, and then finds as a conclusion of ..... campbell, 10 johnson 475; jackson v. ..... [ footnote 5 ] the rule is firmly established in the english law. ..... " this case was approved, and the doctrine applied by lord kenyon in england v. ..... holford, [ footnote 2 ] lord mansfield said that when trustees ought to convey to the beneficial owner, he page 88 u. s. .....
Tag this Judgment!Court : US Supreme Court
..... cotton, no money but the thirty dollars having been paid and nothing else dune in execution of the contract, and that, in a suit for the proceeds of it under the captured and abandoned property act, which gives to the "owner" a right to recover, under certain circumstances, property captured or abandoned during the late civil war, they alone could sue. 2. ..... made and in this court learnedly argued as to whether both the contracts which were the subjects of consideration, were not forbidden by the nonintercourse acts of congress, and whether, on that ground, the claims of all the parties claiming under them did not fall. ..... claims in which court the representatives of one elgee claimed the net proceeds in the treasury of the united states of the sale of certain cotton under what is known as the captured and abandoned property act, the right of the said elgee being disputed by a firm of woodruff & co. ..... 195 remain at the risk of the sellers, and lord cockburn asked "if the property in the goods had not passed to the buyers, why it was said the goods should remain at the risk ..... footnote 14 ] the english rule was strictly accepted ..... , 2 campbell 240; ..... many other english cases to the same effect ..... the case was thus: the act "to provide for the collection of ..... the language of the act makes it plain that no one is allowed to sue in the court of claims for the proceeds of captured or abandoned property unless he can prove to the satisfaction of the court three things: first, his ownership of .....
Tag this Judgment!Court : US Supreme Court
..... , the last article of which ordained that "all cases of admiralty shall be heard and determined by the court of assistants without a jury unless the court shall see cause to the contrary, provided always that this act shall not be interpreted to obstruct the just plea of any mariner or merchant, impleading any person in any other court upon any matter or cause that depends upon contract, covenant, or other matter of common equity ..... order that any other person having such a lien upon the ship or vessel may deliver to the said officer an account in writing of his demand, accompanied by the prescribed affidavits and proofs, and the act provides that every such person shall be deemed an attaching creditor and shall be entitled to the same benefits and advantage and be subject to the same responsibilities and obligations as the creditor who made the first ..... had in view some system of maritime jurisprudence, and those who deny that the reference was to the general maritime regulations of the commercial world usually insist either that the reference was to the english system as known at the date of the revolution or to the system and practice known in the states prior to the adoption of the federal constitution. ..... furnishers of repairs and supplies, says lord stowell, in most of the countries governed by the civil law have a lien on the ship itself, and in our country the same doctrine had for a long time been held by the maritime courts, but after ..... campbell, 6 exchequer 886; 1 conkling's .....
Tag this Judgment!Court : US Supreme Court
..... justice swayne, having stated the case, delivered the opinion of the court, as follows: the several provisions bearing on the subject, in the act of july 20, 1868, under which the bond sued on in this case was taken, show the importance attached by the statute to the place as designated in the notice required to be given by the distiller before commencing business. ..... ) 652 error to the circuit court for the district of maryland syllabus the provision in the sixth section of the act of july 20, 1868, as to notice of the place at which a distiller is to carry on his business, is not matter of form, and when the distiller's bond, following the notice, recites that a person is about to be the distiller at one place, as ex. gr. ..... the leading english case is lord arlington v. ..... by the sixth section of the act of july 20, 1868, every person intending to be engaged in the business of a distiller is to give notice in writing to the assessor of the district within which such business is to be carried on, stating his name and place of residence, and the place ..... the bond was taken under the act of july 20, 1868. ..... 658 the government and to unduly relieve the sureties of the distiller from responsibility for his acts. .....
Tag this Judgment!Court : US Supreme Court
..... navigators whose ship is injured by collision or perils of the sea should bear away to a port of refuge for repairs whenever the circumstances require it; but it would be a mere act of folly to do so in a case where the disaster to the ship happened in the harbor of a port where the necessary repairs could be as conveniently and economically executed as in a more distant port, out of the regular course of the voyage. ..... i concede that the american rule is more liberal in this respect than the english; but i think it has never been carried so far as the present case. ..... attempt was made in that case to maintain that the cargo was not liable to contribute in general average, because it was separated from the ship before she was got off; but the whole court, campbell, c.j. ..... such a rule of decision is wholly inadmissible, as in many cases it would divest the claim of much or all of its equity, and make it depend upon an act entirely unimportant, and wholly unnecessary. ..... lord 92 u.s. ..... lord, 92 u.s. ..... lord - 92 u.s. .....
Tag this Judgment!Court : US Supreme Court
..... while the will in question is considered valid in all its parts upon the extremest doctrine of the english chancery court, this court does not wish it understood that it accepts the limitations which that court has placed upon the power of testamentary disposition of property by its owner, nor ..... upon in this connection to say how far we would feel bound, in a case originating in a state where the doctrine of the english courts had been adopted so as to become a rule of property, if such a proposition could be predicated of a rule like this ..... eaton's will is valid in all its parts upon the extremest doctrine of the english chancery court, we do not wish to have it understood that we accept the limitations which that court has placed upon the power of testamentary disposition ..... conceding to its fullest extent the doctrine of the english courts, their decisions are all founded on the proposition that there is somewhere in the instrument which creates the trust a substantial right, a right which the appropriate court would enforce, ..... when trustees are in existence and capable of acting, a court of equity will not interfere to control them in the exercise of a discretion vested in them by the ..... we do not see, as implied in the remark of lord eldon, that the power of alienation is a necessary incident to a life estate in real property or that the rents and profits of real property and the interest and dividends of personal property may not be ..... refer to specially is that of campbell v. .....
Tag this Judgment!