Report of French-Venezuelan Mixed Claims Commission of 1902U.S. Government Printing Office, 1906 - 471 strani |
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according acts agreement Amazonas amount arbitrator arbitrator of Berne authorities award bolivars bonds Brun Caracas Carúpano cause cent citizen Ciudad Bolívar claim Colombia concession contract convention damages decision declared Delort demand dénégations de justice denials of justice diplomatic debt Doctor Paúl documents dommages droit established été exploitation Fabiani fact faits du prince February February 24 Fiat foreign affairs France French commissioner French Company Générale de l'Orénoque Government of Venezuela guaranty Güiria high Federal court honorable arbitrator honorable commissioner indemnification indemnity interest Intérêts judgment judiciaires jurisdiction l'Etat l'exécution letters rogatory liquidation Maipures Maninat Maracaibo ment Mérida minister of foreign mixed commission obligations opinion pany Paris parties payment Port of Spain presented protocol qu'il question Republic res judicata rescission respondent Government Roncayolo Santa Bárbara sentence steamer submitted territory Thomas Massiani Tinaquillo tion tribunal umpire Upper Orinoco Vene Vénézuéla Venezuelan Government wound zuela Zulia
Priljubljeni odlomki
Stran 364 - But where the second action between the same parties is upon a different claim or demand, the Judgment in the prior action operates as an estoppel only as to those matters in issue or points controverted, upon the determination of which the finding or verdict was rendered.
Stran 308 - The commissioners, or in case of their disagreement, the umpire, shall decide all claims upon a basis of absolute equity, without regard to objections of a technical nature, or of the provisions of local legislation.
Stran 229 - ... jurisdiction of the United States, whose fathers were or may be at the time of their birth citizens thereof, are declared to be citizens of the United States; but the rights of citizenship shall not descend to children whose fathers never resided in the United States.
Stran 27 - Military necessity, as understood by modern civilized nations, consists in the necessity of those measures which are indispensable for securing the ends of the war, and which are lawful according to the modern law and usages of war.
Stran 146 - Ireland, hereby solemnly and sincerely engage to consider the decision of the commissioners conjointly, or of the arbitrator or umpire, as the case may be, as absolutely final and conclusive upon each claim decided upon by them or him respectively, and to give full effect to such decisions without any objection, evasion, or delay whatsoever.
Stran 361 - The general principle announced in numerous cases is that a right, question or fact distinctly put in issue and directly determined by a court of competent jurisdiction, as a ground of recovery, cannot be disputed in a subsequent suit between the same partes or their privies; and even if the second suit is for a different cause of action, the right, question or fact once so determined must, as between the same parties or their privies...
Stran 146 - The high contracting parties agree to consider the result of the proceedings of this commission as a full, perfect, and final settlement of every claim upon either government arising out of any transaction of a date prior to the exchange of the ratifications of the present convention; and further engage that every such claim, whether or not the same may have been presented to the notice of, made, preferred, or laid before the said commission, shall, from and after the conclusion...
Stran 146 - ... and further engage that every such claim, whether or not the same may have been presented to the notice of, made, preferred, or laid before the said commission, shall, from and after the conclusion of the proceedings of the said commission, be considered and treated as finally settled, barred, and thenceforth inadmissible.
Stran 364 - The lan•guage, therefore, which is so often used, that a judgment estops not only as to every ground of recovery or defense actually presented in the action, but also as to every ground which might have been presented, is strictly accurate, when applied to the demand or claim in controversy. Such demand or claim, having passed into judgment, cannot again be brought into litigation between the parties in proceedings at law upon any ground whatever.
Stran 232 - It was necessary for the claimant to show not only that his property was American when the claim originated, but that the ownership of the claim was still American when the convention went into effect. * * * Nor could a claim that...