A Summary Of Practice In Instance, Revenue And Prize Causes; In The Admiralty Courts Of The United…

Paperback | February 3, 2012

bySamuel Rossiter Betts

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1838. Excerpt: ... the error is a mere clerical mistake, and the mistake being rectified below, the cause will proceed without a new appeal. The important distinction in the procedure on appeal in the supreme court and in the circuit court is, that the latter after being possessed of the cause may proceed therein as if it had original jurisdiction of the matter; but the supreme court only reviews and acts upon the specific points decided in the court below. And except in cases of prize, or seizures for forfeiture, never receives further proofs in the cause. SECTION XX. Special Motions. Various instances have been pointed out under the different procedures in which incidental relief may be had by motion or petition during the progress of the cause. Proceedings in admiralty being regarded as in open court, applications to the judge in vacation are rarely made, except for his mandate in cases specifically required by the rules in respect to bail--the character of process to issue,--period of its return, &c., or where the power is given explicitly by act of congress. When however the cause is to be arrested, the proceedings varied, or delayed, or other collateral jurisdiction exercised, appeal is made to the court nt a stated or special sessions and most usually on notice to the opposite party. The notice must always designate the object of the application, and when to be supported by matters extrinsic the pleadings, or minutes of court, must be accompanied with a copy of those matters. Four days before it is to he brought on, it must be served on the proctor of the opposite party, or if he has none, be posted conspicuously in the clerk's office. The rule of notice does not however apply to the party proceeded against, he being allowed at the hearing to bring forward any proofs...

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1838. Excerpt: ... the error is a mere clerical mistake, and the mistake being rectified below, the cause will proceed without a new appeal. The ...

Format:PaperbackDimensions:68 pages, 9.69 × 7.44 × 0.14 inPublished:February 3, 2012Publisher:General Books LLCLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0217152872

ISBN - 13:9780217152877

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