 | 1870 - 542 Seiten
...i thing ; which proceeding in rem makes perfect a right inchoate from the moment the lien attaches. This claim or privilege travels with the thing into whosesoever possession it may ' come, and when carried into effect by legal process by a proceeding in rem then relates back to ! the period... | |
 | 1854 - 740 Seiten
...exists, a proceeding in rem may be had, it will be found to be equally true, that in all cases when a proceeding in rem is the proper course, there a...maritime lien exists, which gives a privilege or claim uponv the thing, to be carried into effect by legal process." 15 Law Rep. 560. After a careful consideration... | |
 | 1853 - 732 Seiten
...against what was laid down by Sir John Jervis, in the Bold Buccleuch, quoted in the former paper : " That in all cases where a proceeding in rem is the proper course, there a maritime lien exists." Dr. Lushington also observed, " The Court having jurisdiction would be bound to exercise it equitably,... | |
 | 1853 - 592 Seiten
...against what was laid down by Sir John Jervis, in the Bold Bnccleuch, quoted in the former paper: " That in all cases where a proceeding in rem is the proper course, there a maritime lien exists." Dr. Lushington also observed, " The Court having jurisdiction would be bound to exercise it equitably,... | |
 | Joseph Story - 1856 - 728 Seiten
...where such a lien exists, a proceeding in rem may be had, it will be found to be equally true, that in all cases where a proceeding in rem is the proper...This claim or privilege travels with the thing, into whosoever possession it may come. It is inchoate from the moment the claim or privilege attaches, and... | |
 | William Wetmore Story - 1856 - 848 Seiten
...where such a lien exists, a proceeding tn rem may be had, it will be found to be equally true, that in all cases where a proceeding in rem is the proper...a maritime lien exists which gives a privilege or elaim upon the thing, to be carried into effect by legal process. This elaim or privilege travels with... | |
 | Benjamin Robbins Curtis, United States. Circuit Court (1st Circuit) - 1857 - 724 Seiten
...where such a lien exists, a proceeding in rem may be had, it will be found to be equally true, that in all cases where a proceeding in rem is the proper 'course, there a maritime lien exists, to be carried into effect by legal process." See also, 16 Law Reporter, 264, The America, and cases... | |
 | United States. Supreme Court - 1870 - 852 Seiten
...that where such lien exists a proceeding in rem may be had, it will be found to be equally true, that in all cases where a proceeding in rem is the proper...thing to be carried into effect by legal process." There is an expression in the case of The Volant,^ attributed to Dr. Lushiugton, which militates against... | |
 | 1868 - 894 Seiten
...that where such lien exists a proceeding in rem may be had, it will be found to be equally true, that in all cases where a proceeding in rem is the proper...thing to be carried into effect by legal process." There is an expression in the case of The Volant, 1 W. Rob. 38, attributed to Dr. LUSHINQTON, which... | |
 | Great Britain. High Court of Admiralty, William Ernst Browning, Vernon Lushington - 1868 - 548 Seiten
...but — to use the definition adopted by the Privy Council in the case of the Bold Bucdeugh(a) — " a privilege or claim upon the thing to be carried into effect by legal process." LORD WENSLEYDALE delivered the judgment of their Lordships : — Their Lordships have had an opportunity... | |
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A maritime lien is the foundation of the proceeding in rem, a process to make perfect a right inchoate from the moment the lien attaches ; and whilst it must be admitted that where such a lien exists, a proceeding in rem may be had, it will be found to... 
