EPISCOPACY
EPISCOPAOCY. The office of overlook- ‘ing or overseeing; the office of a bishop, who is to overlook and oversee the concerns of the church. A form of church government by diocesan bishops. Trustees of Diocese of Centra...
Terms beginning with "E" (344 total)
Eq
Eq. Pl
342; Daniell, Oh, Pr. 1429.~Execution of deeds. The signing, sealing, and delivery of them by the parties, as their own acts and deeds, in the presence of witnesses.—Execution sale. <A sale by a sheriff or other
Equality is equity
Fran. Max. 9, max. 8 Thus, where an heir buys in an incumbrance for less than is due upon it, (except it be to protect an incumbrance to which he himself is entitled,) he shall be allowed no more than what he really paid...
EQUALIZATION
worth, value, amount, or rights. People v.
EQUERRY
actual. cash value of property. The term is also applied to a similar process of leveling or adjusting the assessments of individual taxpayers, so that the property of one shall not be assessed at a higher (or lower) per...
EQUES
Lat. In Roman and old English law. A knight. EQUILOCUS. An equal. It is mention-
Equitable Ben. Ass’n, 1387 Pa
412, 18 Atl 1112; Tyler v. New Amsterdam F. Ins. Co., 4 Rob. (N. Y.) 155. ae
Equitable L. Assur. Soc
v. Paterson, 41 Ga. 364, 5 Am. Rep. 535.—Common-law crime. One punishable by the force of the common law, as distinguished from crimes created by statute. In re Greene (C. OC.) 52 Fed. 104.— OCommon-law jurisdiction....
EQUITY
1. In its broadest and most general signification, this term denotes the spirit and the habit of fairness, justness, and right dealing which would regulate the inter- course of men with men,—the rule of doing to all o...
Equity follows the law. Talb
52. Equity adopts and follows the rules of law in all cases to which those rules may, in terms, be applicable. BHquity, in dealing with cases of un equitable nature, adopts and follows the analogies furnished by the rule...
Erdelmyer, Wils
(Ind.) 99; Cook v. Portland, 20 Or. 580, 27 Pac. 263, 18 L. R. A. 533.—— Municipal Hen. A lien or claim existing in favor of a municipal corporatiqn against a property owner for his proportionate share of a public im...
ERE-MURDER. See ABEREMURDER
EBRIETY. In criminal law and medical jurisprudence. Drunkenness; alcoholic intoxication. Com. v. Whitney, 11 Cush. (Mass.) 479.
ERGO
Lat. Therefore; hence; because.
Erie, 91 Pa
398; Dickey v. Leonard, 77 Ga. 151; Hagar v. Reclamation Dist., 111 U. 8. 701, 4 Sup. Ct. 663, 28 L. Ed. 569; Appeal
ERRATICUM
have been so removed. The term is sometimes used for the removal of parts of a writing by any means whatever, as by cancellation; but this is not an accurate use.
ERRATUM
Lat. Error. Used in the Latin formula for assigning errors, and in the reply thereto, “in nullo est erratum,” f. c., there was no error, no error was committed.
ERRONICE
Lat. Erroneously; through error or mistake. . l
ERRORES SCRIBENTIS
a mistaken. belief in the existence of that which has none. Civ. Code La. art. 1821. See Nor-
Ersk. Inst
b. 4, tit. 1, § 55. 4, 4, 45. 4, 1, 14. 5, 1, 46. Otherwise called an ‘“‘action of declarator.’”—-Declaratory decree. In practice. A binding declaration of right in equity without consequential relief.—...
ERTHMIOTUM
ERTHMIOTUM. In old English law. A meeting of the neighborhood to compromise differences among themselves; a court held on the boundary of two lands.
Erwin v. U. S. (D. C.) 37 Fed
488, 2 L. R. A. 229.
ESCHEATOR
Eschsta derivatur a vorbo Gallice eschoir, quod est accidere, quia accidit domino ex eventu et ex insperato. Co.
ESCHECCUM
and to certify the same into the exchequer. An escheator could continue in office for one year only, and was not re-eligible until three years. There does not appear to exist any such officer at the present day. Brown. S...
ESCROQUERIE
Fr. Fraud, swind- Jing, cheating.
Esp
65. To set apart or expropriate property for public use, in the exercise of the power of eminent domain. Wulzen vy. San (or Esp. N.P.). Wspinasse’s English Nisi. Prius Reports.
ESPURIO
the duty imposed being that of accompanying the king to the wars for forty days, at the tenant’s own charge, or sending a substitute. In later times, this service was commuted for a certain payment in money, which was ...
ESQUIRE
who has promiscuous intercourse with many men. White, New Recop. b. 1, tit. 5, c 2, § 1
ESSARTER. I
Fr. To cut down woods to clear land of trees and underwood ;. properly to thin woods, by cutting trees, etc., at intervals. Spelman.
ESSENDI QUIETUM DE TOLONIO
A writ to be quit of toll; it lies for citizens and burgesses of any city or town who, by charter or prescription, ought to be exempted from toll, where the same is exacted of them. Reg. Orig. 258.
EST, SED ITA LEX SCRIPTA EST
Lat. (This indeed is exceedingly hard, but so the law is written; such is the written or posi-
EST. By this phrase is
meant a right or power to do some act, together with an interest in the subject-matter on which the power is to be exercised. It is distinguished from a naked power, which is a mere authority to act, not accompanied by a...
ESTABLISH
village, that he cannot come pro lworaré and pro perdere; and this will be admitted, for it lieth on the plaintiff to prove whether the ess0ln is true or not. Jacob—Essoin roll. A roll upon which essoins were formerly...
ESTABLISH 439
the people,” etc, “do ordain and establish this constitution.” 1 Story, Const. § 454. And see Dickey v. Turnpike Co., 7 Dana (Ky.) 125; Ware v. U. S., 4 Wall. 682, 18 L:
ESTABLISHMENT OF DOWER. The
assurance of dower made by the husband, or his friends, before or at the time of the marriage. Britt. ce. 102, 108.
ESTANDARD
L. Fr. A standard, (of weights and measures.) So called because it stands constant and immovable, and hath all other measures coming towards it for their conformity. Termes de la Ley.
ESTATE
1. The interest which any one has in lands, or in any other subject of property. 1 Prest. Est. 20. And see Van Rensselaer v. Poucher, 5 Denio (N. Y.) 40; Beall v. Holmes, 6 Har. & J. (Md.) 208; Mulford v. Le Franc, 26 Ca...
ESTATE AD REMANENTIAM. An
estate in fee-simple. Glan. 1. 7, c 1.
ESTATE BY STATUTE MERCHANT
An estate whereby the creditor, under the custom of London, retained the possession of all his debtor’s lands until his debts were paid. 1 Greenl. Cruise, Dig. 515. See Stat-
ESTATE FOR LIFE
sa are proprietor as constituting, together with his resources available to defray them, one entirety, that the phraseology of the law governing what is called “settlement of estates” can be justified. Abbott.
ESTATE FOR YEARS
the tenant for his own life or the life or lives of one or more other persons, or for an indefinite period, which may endure for the life or lives of persons in being, and not beyond the period of a life. 1 Washb. Real
ESTATE IN COPARCENARY. An es
tate which several persons hold as one heir, whether male or female. This estate has the three unities of time, title, and possession; but the interests of the coparceners may be unequal. 1 Washb. Real Prop. 414; 2 Bl.
ESTATE IN JOINT TENANCY. An es
tate in lands or tenements granted to two or more persons, to hold in fee-simple, feetall, for life, for years, or at will 2 BI.
ESTATE IN REVERSION
cient designation of this species of estate, and hence “simple” is not a necessary part of the title, but it is added as a means of clearly distinguishing this estate from a feetail or from any variety of conditional...
ESTATE IN SEVERALTY
grant or otherwise, out of a larger one, leaving in the original owner an ulterior estate immediately expectant on that which is so derived; the latter interest being called the “particular estate,” (as being only a ...
ESTATE OF INHERITANCE. A spe
cies of freehold estate in lands, otherwise called a “fee,” where the tenant is not only entitled to enjoy the land for his own life, but where, after his death, it is cast by the law upon the persons who successivel...
ESTATE UPON CONDITION. An es
tate tn lands, the existence of which depends upon the happening or not happening of some uncertain event, whereby the estate may he either originally created, or enlarged, or finally. defeated. 2 Bl. Comm. 151; 1 Steph....
Estate v. Congregational Church, 63 Vt
116, 21 Atl. 270; Everett v. First Presbyterian
Estate, 166 Pa
280, 81 Atl. 76; Andrews y.
Estate, 182 Cal
523, 60 Pac. 442, 84 Am. St