wildenhus case

66 results for wildenhus case

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  • 372 U.S. 10 (1963), 107, McCulloch v. Sociedad Nacional de Marineros de Honduras

    ...82 affirmed.         300 F.2d 222, judgment vacated and cases remanded. .         CLARK, J., lead opinion.         MR. JUSTICE CLARK delivered ... ships, at least while they are in American waters, The Exchange, 7 Cranch 116 (1812); Wildenhus' Case, 120 U.S. 1, 11 (1887); Benz v. Compania Naviera Hidalgo, 353 U.S. 138, 142 (1957), we go ...

  • 552 U.S. 491 (2008), 06-984, Medellin v. Texas

    ...          [128 S.Ct. 1348] Syllabus . In the Case Concerning Avena and Other Mexican Nationals ( Mex. v. U.S. ), 2004 I. C. J. 12 ( Avena ), the ...407, 411-412, 7 S.Ct. 234, 30 L.Ed. 425 (1886), to criminal trial jurisdiction, see Wildenhus's Case , 120 U.S. 1, 11, 17-18, 7 S.Ct. 385, 30 L.Ed. 565 (1887), to civil liability, see, e.g. , ...

  • 262 U.S. 100 (2005), Cunard Steamship Co., Ltd. v. Mellon

    ...506] charged with the act's enforcement. In the first ten cases, the plaintiffs are foreign corporations and their ships are of foreign registry, while in the ... United States v. Diekelman, 92 U.S. 520, 525-526; Wildenhus' Case, 120 U.S. 1, 11; Nishimura Ekiu v. United States, 142 U.S. 651, 659; Knott v. Botany ...

  • 282 U.S. 234 (1931), 32, Uravic v. F. Jarka Co., Inc.

    ..., even where such injuries are due to the negligence of a fellow servant, extends to the case of an American stevedore while engaged in unloading, in American waters, a private foreign ship. P. ...Wildenhus' Case, 120 U.S. 1; Patterson v. The Eudora, 190 U.S. 169, 177. We see no reason for limiting the ...

  • 252 U.S. 416 (1920), 609, State of Missouri v. Holland

    ...P. 432.         258 F. 479, affirmed.         The case is stated in the opinion. .         HOLMES, J., lead opinion.         MR. ...333, 340. So as to a limited jurisdiction of foreign consuls within a State. Wildenhus' Case, 120 U.S. 1. See Ross v. McIntyre, 140 U.S. 453. Further illustration seems unnecessary, and ...

  • 545 U.S. 119 (2005), 03-1388, Spector v. Norwegian Cruise Line Ltd.

    ... Held: . The judgment is reversed, and the case is remanded. 356 F.3d 641, reversed and remanded.        JUSTICE KENNEDY delivered an ... See, e.g., Wildenhus's Case, 120 U.S. 1, 12. In Benz and McCulloch, the Court held the National Labor Relations ...

  • 345 U.S. 571 (1953), 226, Lauritzen v. Larsen

    ...     (c) The locality test affords no support for the application of American law in this case, since the injury occurred on a Danish ship in Cuban waters. Pp. 583-584.         (d) It ... 19 Wildenhus' Case, 120 U.S. 1; Brown v. Duchesne, 19 How. 183. For application of this doctrine in tort ...

  • 179 U.S. 399 (1900), 286, Davis v. Burke

    ...         Syllabus.         Defendant, being convicted of murder, carried the case to the supreme court of the state, but made no claim there of a federal question. Held:. ...Wildenhus' Case, 120 U.S. 1; In re Loney, 134 U.S. 372; In re Neagle, 135 U.S. 1. It is recognized, however, ...

  • 269 U.S. 13 (1925), 125, United States ex Rel. Kennedy v. Tyler

    ... administration of justice in a state court is not to be thus interfered with save in rare cases where exceptional circumstances of peculiar urgency are shown to exist. P. 17.         2. ... greatly impede and embarrass the administration of justice in a national tribunal, and Wildenhus' Case, 120 U.S. 1, where a member of the crew of a foreign merchant vessel was discharged from the ...

  • 410 U.S. 484 (1973), 71-6516, Braden v. 30th Judicial Circuit Court of Kentucky

    ...Respondent added that. petitioner in the case at bar may challenge the legality of any of the adverse effects of any Kentucky detainer against ... Wildenhus"'s Case, 120 U.S. 1 (1887); In re Loney, 134 U.S. 372 (1890); In re Neale, 135 U.S. 1 (1890). \xC2"...

  • 334 U.S. 672 (1948), 40, Wade v. Mayo

    ..., its judgment apparently could have rested on an adequate nonfederal ground, but, in a later case, the court made clear that it had decided the federal constitutional question.          ... 21 Boske v. Comingore , 177 U.S. 459; Ohio v. Thomas , 173 U.S. 276. 22 Wildenhus' Case, 120 U.S. 1. 23 See State v. Martineau, 149 Ark. 237, 232 S.W. 609. 24 Moore v. ...

  • 358 U.S. 354 (1959), 3, Romero v. International Terminal Operating Co.

    ...Pp. 384-385. .         7. The case must be remanded for consideration of the claims against the three American corporation based on ... 54 See Wildenhus' Case, 120 U.S. 1. 55 142 F.Supp. 570, 573-574. 1 The grant of diversity of citizenship ...

  • 161 U.S. 502 (1896), 622, Ornelas v. Ruiz

    ...The cases were heard, and the commissioner. . found that the evidence was sufficient in law to justify ...Wildenhus' Case, 120 U.S. 1. As the construction of the treaty was drawn in question, the appeal was taken ...

  • 353 U.S. 138 (1957), 204, Benz v. Compania Naviera Hidalgo, S.A.

    ...Pp. 142-147.         (b) The cases of Sailors' Union of the Pacific, 92 N.L.R.B. 547, and Norris Grain Co. v. Seafarers' International ...702] country. Wildenhus' Case, 120 U.S. 1 (1887). The exercise of that jurisdiction is not mandatory, but discretionary. ...

  • 205 U.S. 483 (1907), 493, Barrington v. Missouri

    ..., the writ of error will be dismissed, and held that rulings of the state court in a criminal case in regard to change of venue, admission of evidence, and form of indictment were not subject to ...Wildenhus' Case, 120 U.S. 1; Carlisle v. United States, 16 Wall. 147; People v. McLeod, 1 Hill, 377; Wharton, ...

  • 453 F.2d 165 (6th Cir. 1971), 71-1262, United States v. Reagan

    ... October 1970, the district court dismissed the third count of the indictment and submitted the case to the jury on the first two counts, also charging the jury that it could consider whether the ...Keeper of the Common Jail (Wildenhus' Case) 120 U.S. 1, 7 S.Ct. 385, 30 L.Ed. 565 (1887) and United States v. Flores, 289 U.S. 137, ...

  • 289 U.S. 137 (1933), 567, United States v. Flores

    ...III, § 2, extending the judicial power "to all cases of admiralty and maritime jurisdiction," are the results of separate steps, independently taken in ...The position of the United States exemplified in Wildenhus' Case, 120 U.S. 1, has been that, at least in the case of major crimes affecting the peace and ...

  • 482 U.S. 522 (1987), 85-1695, Societe Nationale Industrielle Aerospatiale v. United States

    ...Thus, the determination whether to resort to the Convention requires prior scrutiny in each case of the particular facts, sovereign interests, and likelihood that such resort will prove effective. ...571, 577-582 (1953); Berizzi Bros. Co. v. The Pesaro , 271 U.S. 562, 575 (1926); Wildenhus's Case, 120 U.S. 1, 12 (1887); The Belgenland, 114 U.S. 355, 363-364 (1885); The Scotia, 14 ...

  • 398 U.S. 306 (1970), 661, Hellenic Lines Ltd. v. Rhoditis

    ...         Held: In the totality of the circumstances of this case, which is factually distinguishable from Lauritzen v. Larsen, 345 U.S. 571, the .Jones Act is ...1736] absent some "clear expression" from Congress to the contrary. See Wildenhus's Case, 120 U.S. 1 (1887); United States v. Flores, 289 U.S. 137, 155-159 (1933); Cunard Steamship ...

  • 440 U.S. 490 (1979), 77-752, National Labor Relations Board v. Catholic Bishop of Chicago

    ... schools are "completely religious" not just "religiously associated," as it found to be the case here, because the schools taught secular as well as religious subjects. On respondents' challenges ... See Wildenhus's Case, [120 U.S. 1,] 12." 372 U.S. at 21. In light of that contrary legislative history and ...

  • 160 U.S. 231 (1895), 619, Whitten v. Tomlinson

    ..., in violation of the Constitution, or of a law or treaty of the United States, but, except in cases of peculiar urgency, will not discharge the prisoner in advance of a final determination of his ...         Such, again, was Wildenhus' Case, 120 U.S. 1, in which the question was decided on habeas corpus whether an arrest, under ...

  • 190 U.S. 169 (1903), 278, Patterson v. Bark Eudora

    ... SEC. 10. (a) That it shall be, and is hereby, made unlawful in any case to pay any seaman wages in advance of the time when he has actually earned the same, or to pay such ...         Again, in Wildenhus' Case, 120 U.S. 1, in which the jurisdiction of a state court over one charged with murder ...

  • 169 U.S. 649 (1898), 18, United States v. Wong Kim Ark

    ....         The case was submitted to the decision of the court upon the following facts agreed by the parties:. That ...United States (1872), 16 Wall. 147, 155; Radich v. Hutchins (1877), 95 U.S. 210; Wildenhus' Case (1887), 120 U.S. 1; Chae Chan Ping v. United States (1889), 130 U.S. 581, 603, 604. ...

  • 197 U.S. 169 (1905), 104, Dallemagne v. Moisan

    ... has been produced before the district court on habeas corpus and the court finds that his case. . comes under the treaty and he should be held, the mere fact that he was arrested by a person ...Wildenhus' Case, 120 U.S. 1.         The chief of police voluntarily performed the request of the ...

  • 79 F.2d 132 (9th Cir. 1935), 7700, Hall v. People of State of California

    ...         Before federal court is asked to issue writ of habeas corpus, in case of person held under state commitment, recourse should be had to whatever judicial remedy is ...Loney], 134 U.S. 372, 10 S.Ct. 584, 33 L.Ed. 949; Mali v. Keeper of the Common Jail [Wildenhus' Case], 120 U.S. 1, 7 S.Ct. 385, 30 L.Ed. 565), but no ...