Morrison Waite

Name: The Francis Wright — Opinion of the Court
Author: Morrison Waite

The Francis Wright — Opinion of the Court

Summary

“The Francis Wright — Opinion of the Court”, is a work by Morrison Waite. It explores elements such as exceptions, findings and claimants.

Quotes from The Francis Wright — Opinion of the Court (Morrison Waite)

Morrison Waite, The Francis Wright — Opinion of the Court

“ Authority to limit the jurisdiction necessarily carries with it authority to limit the use of the jurisdiction. Not only may whole classes of cases be kept out of the jurisdiction altogether, but particular classes of questions may be subjected to re-examination and review, while others are not. To out minds it is no more unconstitutional to provide that issues of fact shall not be retried in any case, than that neither issues of law nor fact shall be retried in cases where the value of the matter in dispute is less than $5,000. ”

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Source: Wikisource

Morrison Waite, The Francis Wright — Opinion of the Court

“ It is undoubtedly true that if the Circuit Court neglects or refuses, on request, to make a finding one way or the other on a question of fact material to the determination of the cause, when evidence has been adduced on the subject, an exception to such refusal taken in time and properly presented by a bill of exceptions may be considered here on appeal. So, too, if the court, against remonstrance, finds a material fact which is not supported by any evidence whatever, an exception is taken, a bill of exceptions may be used to bring up for review the ruling in that particular. ”

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Source: Wikisource

Morrison Waite, The Francis Wright — Opinion of the Court

“ It is needless to say that this bill of exceptions meets none of these requirements. From anything which is here presented no judge would be presumed to understand that the specific objection made to any one of his findings was that no evidence whatever had been introduced to prove it, or to one of his refusals, that the fact refused was material and had been conclusively shown by uncontradicted testimony. No ground whatever is stated for any one of all the exceptions that have been taken. ”

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Source: Wikisource

Morrison Waite, The Francis Wright — Opinion of the Court

“ The whole of a civil law appeal may be given, or a part. The constitutional requirements are all satisfied if one opportunity is had for the trial of all parts of a case. Everything beyond that is matter of legislative discretion, not of constitutional right. The Constitution prohibits a retrial of the facts in suits at common law where one trial has been had by a jury (Amendment, art. 7) ; but in suits in equity or in admiralty Congress is left free to make such exceptions and regulations in respect to retrials as on the whole may seem best. ”

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Source: Wikisource

Morrison Waite, The Francis Wright — Opinion of the Court

“ But they are limited and regulated by the judicial act, and by such other acts as have been passed on the subject.' The language of the Constitution is that 'the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions and under such regulations as Congress shall make.' Undoubtedly, if Congress should give an appeal in admiralty causes, and say no more, the facts, as well as the law, would be subjected to review and retrial ”

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Source: Wikisource

Morrison Waite, The Francis Wright — Opinion of the Court

“ Under these circumstances the language of the charter-party is to be construed only as an agreement that the vessel was seaworthy for the purpose of navigating such a voyage as she was chartered to make, without any regard to what she was to carry. ”

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Source: Wikisource

Morrison Waite, The Francis Wright — Opinion of the Court

“ The libellants, being about to engage in the business of transporting fresh beef by the use of a newly patented process, applied to the claimants for a charter of their steamer for six months, to be put into that trade. The claimants knew for what business the vessel was engaged, and the libellants knew that she was furnished with a tubular boiler. Such boilers are liable to leak, but that does not necessarily interfere with their capacity or fitness for the purposes of navigation. ”

Morrison Waite

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