Egerton v. Brownlow, 4 H. L. Cas
210. As all trusts are executory in this sense, that the trustee is bound to dispose of the estate according to the tenure of his trust, whether
Terms beginning with "E" (344 total)
Eggers, 152 Mo
485, 54 S. W. 498.—Regular term. A regular term of court is a term begun at the time appointed by law, and continued, in the discretion of the court, to such time as it may appoint, consistent with the: law:
Eid
640; Ex parte Garland, 4 Wall. 380, 18
Eight per cent
interest. 2 Bl. Comm. ubi supra.
EIGNE
L. Fr. Eldest; eldest-born. The term is of common occurrence in the old books. Thus, bastard eigne means an illegitimate son whose parents afterwards marry
EJERCITORIA
firme) which lay for the recovery of the possession of land, and for damages for the unlawful detention of its possession. The action was highly fictitious, being in theory only for the recovery of a term for years, and ...
EJIDOS
EJIDOS. In Spanish law. Commons; lands used in common by the inhabitants of a city, pueblo, er town, for pasture, wood, threshing-ground, etc. Hart v. Burnett, 15
Ekin v. McCracken, 11 Phila
(Pa.) 540.—Nyme phomania. A form of mania characterized by a morbid, excessive, and uncontrollable cravin for sexual intercourse. This term is appli only to women, The term for a corresponding mania in men is “satyri...
EKISDEM MODIS DISSOLVITUR
Eisdem modis dissolvitur obligatio qu mascitur ex contractu, vel quasi, quibus contrahitur. An obligation which arises from contract, or quasi contract, is dissolved in the same ways in which it is contracted.
El. Bl
211.—Keep house. The English bankrupt laws use the phrase “keeping house” to denote an act of bankruptcy. It is committed when a trader absents himself from his place of business and retires to his private residenc...
ELABORATUS
acquisition of labor.
ELDEST
est age. The “eldest son” is the first-born son. If there is only one son, he may still be described as the “eldest.” L. R. 7 H. LL. 644,
ELECTION
Electa uma via, non datur recursus ad alteram. He who has chosen one way cannot have recourse to another. 10 Toull. no. 170. afforded by law for the redress of an in-.
Election Cases. See vol
1 Cushing’s Election Cases, Massachusetts.
Electric Co
v. Sweet, 57 N. J. Law, 224, 30
ELEEMOSYNARIA
EILEEMOSYNARIA. The place in a religious house where the common alms were deposited, and thence by the almoner distributed to the poor.
ELEGIT
(Lat. He has chosen.) This is the name, in English practice, of a writ of execution first given by the statute of
Elem
lib. 2, tit. 1, § 380. lib. 2, tit. 4, § 415.
Elevator Co
v. Bravinder, 14 Wash. 315, 44
Eli Min. Co., 194 U. S. 220, 24 Sup. Ct
682, 48 L. Ed. 944; Wheeler v. Smith, 5 Wash.
ELINGUATION
cutting out the tongue.
Elis
Eliz
c. 12, to determine in a summary way all causes between merchants, concerning policies of insurance. Crabb, Eng. Law, 503. to 13 Jac. I., which are cited as “Rep.” 463.
Ellis v. Davis, 109 U. 8
485, 8 Sup. Ct. 327, 27 L. Ed. 1006.
Ellis, 11 Wend
(N. Y.) 259.—Plowman’s fee. In old English law, this was a species of tenure peculiar to peasants or small farmers, somewhat like gavelkind, by which the lands de scended in equal shares to all the sons of the tenant...
ELOIGNE. In practice
(Fr. éloigner, to remove to a distance; to remove afar off.) A return to a writ of replevin, when the chattels have been removed out of the way of the sheriff.
ELONGAVIT
v. Stamper, 42 Conn. 30; Pope v. Milling Co., 130 Cal. 139, 62 Pac. 384, 53 L. R. A. 6738, 80
ELOPEMENT
tiff has obtained judgment of appraisement, but by reason of some act of the garnishee the goods cannot be appraised, (as where he has removed them from the city, or has sold them, etc.,) the serjeant-at-mace returns tha...
Ely, 6 Pa
406; Franciscus v. Reigart, 4 Watts. (Pa.) 116.
EMBASSADOR. See AMBASSADOR
EMBASSAGE, or EMBASSY. The mesgage or commission given by a sovereign or state to a minister, called an “ambassador,” empowered to treat or communicate with another sovereign or state; also the establishment of an am...
EMBEZZLEMENT
ships or goods from some or all the ports of such state until further order. The Wil been intrusted. Pen. Code Cal. § 503; Pen. Code Dak. $ 596.
EMBLERS DE GENTZ. LL
Fr. A stealing from the people. The phrase occurs in the old ralls.of parHament: “Whereas divers
EMENDATIO
murders, emblere de gentz, and robberies are committed,” ete.
EMERGE
EMERGE. To arise; to come to light. “Unless a matter happen to emerge after issue joined.” Hale, Anal. § 1.
Emerig. Mar. Loans, c
1, 8. 2. And see The
Emerig. Tr
des Ass. c. 12. des Ass. des Assurances. °
Emery v. San Francisco Gas Co., 28 Cal
356. The differences between taxation and taking property in right of eminent domain are that taxation exacts money or services from individuals, as and for their respective shares of contribution to any public burden; w...
EMOLUMENT
directed by the constitution and the laws of the state, whenever the public interest requires it. Beekman v. Saratoga & S. R. Co., 3 Paige (N. X.) 45, 73, 22 Am. Dec. 679.
EMOTIONAL INSANITY
advantage, profit, or gain arising from the possession of an office. Apple v. Crawford
EMPARNOURS
L. Fr. Undertakers of suits. Kelham.
EMPLOYEE
the lessee or tenant under a contract of emphyteusis.
EMPLOYER
cfal employment, it is understood to mean some permanent employment or position.” The word is more extensive than “clerk” or “officer.” It signifies any one in place, or having charge or using a function, as we...
Employers’ Liability Assur. Co., 72 Vt
458, 48 Ati. 688; Com. v. Quinlan, 158 Mass. 488, 27 N. BE. 8&
EMPTIO
EMTOR. In the civil law. A buyer or. purchaser; the buyer. Dig. 18, 1; Cod. 4, 49.
EMPTOR
Lat. A buyer or purchaser. Used in the maxim “caveat emptor,” let the buyer beware; i. e., the buyer of an article must be on his guard and take the risks of his purchase.
EN ARERE
L. Fr. In time past. 2
EN AUTRE DROIT
other. See AuTER Droit.
EN BANKE
L. Fr. In the bench... 1.
EN DECLARATION DE SIMULA
TION. A form of action used in Louisiana. Its object is to have a contract declared judicially a simulation and a nullity, to remove a cloud from the title, and to bring back, for any legal purpose, the thing sold to the...
EN GROS
emptio-venditio—Emptio rei sperats. <A purchase in the hope of an uncertain future profit; the purchase of a thing not yet in -existence or not yet in the possession of the seller, as, the cast of a net or a crop to be...