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An Analytical Digest of All the Reported Cases; Determined by the High Court of Admiralty of England, the Lords Commissioners of Appeal in Prize Caus

An Analytical Digest of All the Reported Cases; Determined by the High Court of Admiralty of England, the Lords Commissioners of Appeal in Prize Caus


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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1847 edition. Excerpt: ... that the plaintiff had lost the opportunity, by not taking the objection below, or coming for a prohibition before sentence, and with an affidavit of the truth of the suggestion. Buggin v. Bennett (1766), 4 Burr. 2035. 19. If a prohibition to the Court of Admiralty be applied for before sentence, the superior Court will examine into the case, and investigate the grounds of proceedings in the Admiralty Court; but after sentence the party applying must show a nullity of jurisdiction on the face of the proceedings. 'Ladbroke v. Crickett (1788), 2 T. R. 649., Anon. (1723), 8 Mod. 194. 20. A prohibition after sentence will not be granted, unless it be shown clearly that the Court below had no jurisdiction, nor if the matter be doubtful. Carslake v. Mappledoram, 2 T. R. 473. 21. Prohibition to the Admiralty will not lie after a sentence upon a surmise of a matter not appearing in the libel. Palmer v. Pope, Hob. 79. 213. IV. To WHOM GRANTED--ET CONTRA. 22. A prohibition will not lie to the Admiralty Court on the application of the plaintiff in that Court Browne v. Walker (1683), 2 Show. 406. V. Of The Imposition Of Terms On The Grant Of--23. A prohibition could not formerly be obtained for a cause actionable at Common Law unless the defendants appeared and gave bail. Wharton v. Pits (1692), 2 Salk. 548. 24. On application for a rule absolute for a prohibition tq the Admiralty Court, in which Court the defendant had libelled the plaintiff for running foul of his vessel, on the suggestion that the cause of action arose on the Thames, and in the body of the county of Kent, it was admitted against the rule that the Admiralty had no jurisdiction (as appeared from the case of Violet v. Blague), but contended that it was discretionary in the Court...


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Product Details
  • ISBN-13: 9781152973190
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 556
  • Spine Width: 29 mm
  • Width: 189 mm
  • ISBN-10: 1152973193
  • Publisher Date: 20 May 2014
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 980 gr


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An Analytical Digest of All the Reported Cases; Determined by the High Court of Admiralty of England, the Lords Commissioners of Appeal in Prize Caus
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