Commission Under the Convention Between the United States & Paraguay: Statements and Arguments for Claimants and for the Republic, and Opinion and Award of CommissionersH. Polkinhorn, Printer, 1860 - Всего страниц: 163 |
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Стр. 3
... damages is de- termined by the discretion of the tribunal . The Supreme Court of the United States has held that in the case of a wrong , where the wrong doer himself , as in this instance , is the party before the commissioners , damages ...
... damages is de- termined by the discretion of the tribunal . The Supreme Court of the United States has held that in the case of a wrong , where the wrong doer himself , as in this instance , is the party before the commissioners , damages ...
Стр. 7
... damages for the wrongfulness of the acts of expulsion ; and finally , to compensation or an equivalent for the patent rights or grants and franchises bestowed upon us by the laws of the country , and leading inducements to our ...
... damages for the wrongfulness of the acts of expulsion ; and finally , to compensation or an equivalent for the patent rights or grants and franchises bestowed upon us by the laws of the country , and leading inducements to our ...
Стр. 9
... damages to these claimants rests upon it . This commission is organized under the law of nations , and the terms of a treaty or convention between sovereigns of equal dignity in the view of that code . The instructions given by one of ...
... damages to these claimants rests upon it . This commission is organized under the law of nations , and the terms of a treaty or convention between sovereigns of equal dignity in the view of that code . The instructions given by one of ...
Стр. 11
... damages upon any of the heads which have been adverted to , it will be respectfully insisted that the amount of damage so actually sustained shall be made out by clear and distinct proofs of values 11.
... damages upon any of the heads which have been adverted to , it will be respectfully insisted that the amount of damage so actually sustained shall be made out by clear and distinct proofs of values 11.
Стр. 12
... damages can be allowed in any form . Nor does his mind apprehend the distinction indicated orally by the learned counsel who read the opening statement between the demand for prospective profits , eo nomine , ( which was disclaimed ...
... damages can be allowed in any form . Nor does his mind apprehend the distinction indicated orally by the learned counsel who read the opening statement between the demand for prospective profits , eo nomine , ( which was disclaimed ...
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affidavit agent alleged allowed American citizens amount applied Asuncion authority barrack Bowlin Buenos Ayres C. E. Hopkins Captain CARLOS ANTONIO LOPEZ cigar factory claim claimants commission commissioners conduct consul convention cost counsel cree damages decree demand despatch doubt el Señor Presidente employés enterprise ernment establishment Estados Unidos estimate evidence expedition expenditure expenses expulsion fact favor Ferguson government of Paraguay Governor Marcy guay honorable injury insult interest introduced into Paraguay inventor judgment judicial justice labor land letter liability license Lieutenant Page Lieutenant Powell loss machinery Marcy ment mill Montevideo Morales officers operations outrages pany Paraguay Navigation Company Paraguay river Paraguayan government parties patent persons President Lopez privileges proceedings profits proof purchase question Republic of Paraguay San Antonio saw-mill says Secretary sold soldier South America steam testimony thousand dollars tion treaty United vessel Water Witch whole witness wrong
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Стр. 32 - But we think the real answer to the objection is, that no wrongdoer can be allowed to apportion or qualify his own wrong ; and that as a loss has actually happened whilst his wrongful act was in operation and force, and which is attributable to his wrongful act, he cannot set up as an answer to the action the bare possibility of a loss, if his wrongful act had never been done.
Стр. 111 - I The Government of the Republic of Paraguay binds itself for the responsibility in favor of the "United States and Paraguay Navigation Company," which may result from the decree of commissioners, who, it is agreed, shall be appointed as follows.
Стр. 37 - Wherever their citizens may go through the habitable globe, when they encounter injustice they may appeal to the government of their country, and the appeal will be examined into with a view to such action in their behalf as it may be proper to take. ^It is impossible to define in advance and with precision those cases in which the national power may be exerted for their relief. or to what extent relief shall be afforded. Circumstances as they arise must prescribe the rule of action. In countries...
Стр. 138 - It is decided by the award of these commissioners that "the United States and Paraguay Navigation Company have not proved or established any right to damages upon their said claim against the Government of the Republic of Paraguay, and that upon the proofs aforesaid the said Government is not responsible to the said company in any damages or pecuniary compensation whatever in all the premises.