Court : US Supreme Court
..... and numerous other cases might be cited, both ancient and modern, to the same effect, upon which the doctrine seems fully established in england that neither shipwrights nor materialmen can sue in the admiralty either in personam or in rem, without express hypothecation, and all assigning the universal reason that they have the common law courts ..... parted with the possession of a ship or has worked upon it without taking possession, and a tradesman who has provided ropes, sails, provisions, or other necessaries for a ship, are not, by the law of england, preferred to other creditors, nor have any particular claim or lien upon the ship itself for the recovery of their demands." p. ..... i refer to the resolutions of february, 1632, adopted by the king in council and subscribed by all the judges in england, and to be found in the collection of the sea laws, and in various other books, by the second section of the second article of which it is declared that "if suit be in the court of admiralty for building or mending, saving or necessary ..... from time to time some extravagant admirer of admiralty jurisdiction or royal prerogative has risen up in england who has revived the ancient murmurs uttered by the friends of that court when reluctantly putting on its usurped powers; but with that exception, i know of no part of the english law that ..... pinkney, does not venture to put his case upon the law of england, but relies upon the law of the continent, and insists on a right arbitrarily to adopt .....
Tag this Judgment!Court : US Supreme Court
..... and it appears that the note was signed by joshua adams, who was entrusted and employed by the bank of england to sign bank notes, but not under their common seal. ..... but thinking it a case in opposition to the whole course of decision in england as well as in this court, and not supported by decisions in other states or by a long course of decisions even in the state of massachusetts, i should not, perhaps, highly respectable as it undoubtedly is and as i certainly think it, have felt myself warranted in yielding to ..... the result of the whole appears to be that in england, the general rule is that a corporation acts and speaks by its common seal, at least so far as respects the appointment of officers, whose duties and powers are ..... verdict finds "that he was entrusted and employed by the governor and company of the bank of england, but not under their common seal. ..... of this nature are the townships in new england, where the inhabitants are corporators, and assemble to exercise corporate powers, and have authority to appoint various officers to perform public duties, under the guidance and direction of the ..... are many of the boroughs and other municipal corporations in england familiarly shown by the name of quasi- corporations. ..... " and it is now firmly established both in england and america that a corporation may be bound by a promise, express or implied, resulting from the acts of its authorized agent, although such authority be only by virtue of a corporate vote, unaccompanied with the .....
Tag this Judgment!Court : US Supreme Court
..... " and accordingly, the law of the united states was sustained which gave the debts due the bankrupt here to satisfy a debt contracted in england, to the prejudice of the law of england, which gave the same debt to the assignees of the bankrupt. ..... jemino, reported in 2 strange and better reported in moseley, and some other books, the creditor, residing in england, was cited, probably by a placard on a door-post in leghorn, to appear there to page 25 u. s. ..... 402, in which a british creditor who had recovered of a debtor of the bankrupt in pennsylvania was compelled by the british courts to refund to the assignees in england as for money had and received to their use. ..... it is vain to deny that it is now the established doctrine in england that the discharge of a bankrupt shall be effectual against contracts of the state that give the discharge, whatsoever be the allegiance or country of the creditor. ..... its operation, if valid, is to discharge the debtor absolutely from all future liability on surrendering up his property, and in that respect is a bankrupt law according to the universal understanding in england, where a bankrupt system is in operation. ..... 361 england, a creditor of the bankrupt may levy an attachment on a debt due the bankrupt in this country and appropriate the proceeds to his own debt. .....
Tag this Judgment!Court : US Supreme Court
..... both in england and america, the jurisdiction over proceedings in rem is usually vested in different courts from those exercising criminal jurisdiction. .....
Tag this Judgment!Court : US Supreme Court
..... 613 of practice, in the same mode in which this court, at an early period, adopted the practice of the king's bench in england. .....
Tag this Judgment!Court : US Supreme Court
..... in the courts of common law of england, we find some cases in which the affidavit of a party has been received respecting collateral facts which occur in the progress of a cause, and in courts of equity it is usual when a bill is filed to set up a written instrument which is lost, to .....
Tag this Judgment!Court : US Supreme Court
..... but it is not a practice appropriate exclusively to a nisi prius system, as is proved by this that writs of error are sued out continually in england upon judgments on nonsuits ( see the cases cited in 1 archb.practice 229-30) and, though it had been, the states were at liberty to adopt it into their practice, although the nisi prius system be unknown to them. ..... but it is contended that in england the plaintiff is not nonsuited if he insists on answering when called. ..... england is not altogether absolute in dictating to the courts of the united states, and if those of the page 26 u. s. .....
Tag this Judgment!Court : US Supreme Court
..... in england, the king cannot be sued, yet he is daily brought before the appellate courts as a defendant in error. .....
Tag this Judgment!Court : US Supreme Court
..... some countenance has lately been given to this practice in england in extraordinary cases by allowing the holder to recover of the endorser the expenses of serving notice by a special messenger. ..... some countenance has lately been given in england to the practice of sending a notice by a special messenger in extraordinary cases by allowing the holder to recover of the endorser the expenses of serving the notice in this manner. .....
Tag this Judgment!Court : US Supreme Court
..... it is obvious that many of the provisions of our patent act are derived from the principles and practices which have prevailed in the construction of the law of england in relation to patents. ..... it is obvious to the careful inquirer that many of the provisions of our patent act are derived from the principles and practice which have prevailed in the construction of that of england. .....
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