 | John C. Devereux - 1868 - 444 sivua
...maritime laws of other countries, create an absolute presumption juris et de jure. The Supreme Court has followed the less rigorous English rule, and held...that it was a circumstance" open for explanation. LECTURE YIll. OF TRUCES, PASSPORTS, AND TREATIES OF PEACE. 1. What is a truce f — 159. A suspension... | |
 | David Roberts - 1869 - 764 sivua
...calculated 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... | |
 | David Dudley Field - 1872 - 230 sivua
...in a prize court. It is undoubtedly a circumstance calculated to excite suspicion. But it is 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 explain it to the satisfaction of the court,... | |
 | David Dudley Field - 1872 - 728 sivua
...in a prize court. It is undoubtedly a circumstance calculated to excite suspicion. But it is 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 explain it to the satisfaction of the court,... | |
 | Henry Wager Halleck - 1874 - 404 sivua
...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...prompt and frank, or be weak and futile ; if the cause labors under heavy suspicions, or there be a vehement presumption of bad faith, or gross prevarication,... | |
 | Henry Wager Halleck - 1874 - 410 sivua
...case that escapes with such a brand upon it, is saved so as by fire. The Supreme Court of the TJnited States has followed the less rigorous English rule,...prompt and frank, or be weak and futile; if the cause labors under heavy suspicions, or there be a vehement presumption of bad faith, or gross prevarication,... | |
 | Henry Wager Halleck - 1878 - 644 sivua
...jur1i ct ac 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...prompt and frank, or be weak and futile ; if the cause • 1 Kent, Com. on Am. Law, vol. ip 1 57 ; Duer, On Insurance, vol. i. pp. 734, 735 ; Martens, Essai... | |
 | James Kent - 1878 - 568 sivua
...juris et de jure ; and yet, a case that escapes with such a brand upon it is saved so as by fire3. The Supreme Court of the United States has followed the...have arisen from accident, necessity, or superior force4. If the explanation be not prompt and frank, or be weak and futile ; if the cause labours under... | |
 | 1885 - 552 sivua
...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...condemnation, and that it was a circumstance open for explan- . ation, for it may have arisen from accident, necessity, or superior force. If the explanation... | |
 | United States. Supreme Court - 1882 - 796 sivua
...calculated 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... | |
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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... 
