stipulation
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 25 U.S. 1 - The Palmyra · 1827Most cited · 327 citing opinions
substitute for the thing in admiralty
Whenever a stipulation is taken in an admiralty suit, for the property subjected to legal process and condemnation, the stipulation is deemed a mere substitute for the thing itself, and the stipulators liable to the exercise of all those authorities on the part of the Court, which it could properly exercise, if the thing itself were still in its custody.
How the Supreme Court has restated “stipulation”
Each Supreme Court definition of “stipulation,” sized by how often later courts cited it. “Change” is measured by wording overlap with earlier definitions — a rough signal, not a semantic judgment.
How often courts cite the cases defining “stipulation”
Court decisions citing the 4 opinions that defined “stipulation” — 838 in all, by decade. Counts are citations to the defining cases as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.
All 4 definitions, chronological · 1791–1927
- ORIGINAL
Although a Court of Admiralty cannot take a recognizance, which is a bond, or obligation, of record (that Court not being a Court of record, nor the Judge, a Judge of record) yet, it can take a caution or stipulation; which is usually for appearance, or to perform a decree, &c. and is in nature of a recognizance.
in admiralty
All writers upon commercial law use the word stipulation to denote a particular engagement, which may be insisted upon, before it can control the general operation of law, or vary a contract.
Whenever a stipulation is taken in an admiralty suit, for the property subjected to legal process and condemnation, the stipulation is deemed a mere substitute for the thing itself, and the stipulators liable to the exercise of all those authorities on the part of the court, which it could properly exercise, if the thing itself were still in its custody.
admiralty