A SELECTION OF CASES ON THE CONFLICT OF LAWS BY JOSEPH HENRY BEALE, JR. PROFESSOR OF LAW IN HARVARD UNIVERSITY IN TWO VOLUMES VOL. I CAMBRIDGE HARVARD UNIVERSITY PRESS A SELECTION OF CASES ON THE CONFLICT OF LAWS BY JOSEPH HENRY BEALE, JR. PROFESSOR OF LAW IN HARVARD UNIVERSITY VOL. I. JURISDICTION: REMEDIES CAMBRIDGE HARVARD UNIVERSITY PRESS Sappright, 1900, 1907, BY JOSEPH HENRY BEALE, JE Unibrsity Press: JOHN WILSON AND SON, CAMBRIDGE, U S. A. PREFACE. THE topic of the Common Law upon which Judge Story has imposed the title, The Conflict of Laws, consists of four parts, different in origin, though closely related to one another in their practical application. The Conflict of Laws is first concerned with the jurisdiction of States, the extent of their legislative and judicial power, and of the obligation and right of individuals to obey and to take advantage of the legislation of one or another State. These are questions of international law, which should properly be decided in every country in the same way. The topic is next concerned with the creation of legal rights and obligations, as a result of the sovereign action of some State; often an international matter, though the questions involved are rather questions of foreign fact than of law. The next concern of this branch of the law is the recognition and enforcement within one State of rights and obligations which have been created in another State; a question not in any sense international, but to be determined in accordance with the municipal law of the State concerned. Finally, there remains to determine the legal process by which, if at all, the foreign right shall be enforced; also obviously a municipal question. But though the doctrines which make up the topic, The Conflict of Laws, are of various origin, they all form part of the Common Law of England, and have been adopted as such in the States of the American Union; they are law with us, not because they arose in international comity and usage or in municipal practice, but because they are acted upon in our courts. The name, Private International Law, sometimes applied to the whole topic, is therefore inadequate and misleading. This collection of cases is the result of a seven years' experience in teaching the Conflict of Laws. The arrangement of the sub |