Estate, 26 Utah, 198, 72 Pac
942.—Direct line. Property is said to descend or be inherited in the direct line when it passes in lineal succession: from ancestor to son, grandson, great-grandson, and s0 on.—Direct payment. One which is absolute a...
Terms beginning with "E" (344 total)
Estate, 29 Wash
422, 69 Pac. 1111. °
Estate, 41 Misc. Rep
378, 84 N. Y. Supp. 934; In re Maguire, 57 Cal. 606, 40 Am.
Estate, 7 ye
104, 50 86u, 75 Am. St. Rep. 882.—Trust in invitum. A constructive trust imposed by equity, contrary to,.the trustee’s intention and will, upon property in his hands. Sanford v. Hamner, 115
Estate, 70 Wis
522, 36 N. W. 407; Heuser v.
ESTENDAED, ESTENDART, or
STANDARD. An ensign for horsemen in war.
ESTER IN JUDGMENT
L. Fr. To appear before a tribunal either as plaintiff or defendant. Kelham.
ESTIMATIO CAPITIS 48
born. Spelman; Glany. lib. 7, c. 3; Fieta, lb. 2, c. 66, §§ 5, 6.
ESTOPPEL
tate having a qualification annexed .to it, by which it may, upon the happening of a particular event, be created, or enlarged, or destroyed. 4 Kent, Comm. 121. when parties, by deed or solemn act in pais, agree on a st...
ESTRAY
court of record, which precludes the party frotn afterwards contesting the same fact in the same suit. Steph. Pl. 1 p_Patopnel by verdict. This term is sometimes applied to the estoppel arising from a former adjudication...
ESTREAT
by its owner to run, and especially when the owner is known to the party who takes it up. The fact of its being breachy or vicious does not make it an estray. Walters v. Glatz, 29
ESTREAT, n
(From Lat. estractum.) In English law. A copy or extract from the book of estreats, that is, the rolls of any court, in which the amercements or fines, recognizances, etc., imposed or taken by that court upon or from the...
ET ATIA
ATILIUM. The tackle or rigging of a ship; the harness or tackle of a plow. Spelman -
ET DE HOC PONIT SE SUPER PAT
RIAM. And of this he puts himself upon the country. The formal conclusion of a common-law plea in bar by way of traverse. The literal translation is retained in the medern form.
ET EI LEGITUR IN HZC VERBA. I
Lat. And it is read to him in these words. Words formerly used in entering the prayer of oyer on record.
ET HABEAS IBI TUNC HOC BREVE
And have you then there this writ. The formal words directing the return of a writ. The literal translation is retained In the modern form of a considerable number of writs.
ET HOC PARATUS
ET ALIUOS. And another. The abbré- viation et al. (sometimes in the plural written et als.) is affixed to the name of the person first mentioned, where there are several plaintiffs, grantors, persons addressed, etc.
ET HOC PARATUS EST VERIFI
CARE. And this he is prepared to verify. The Latin form of concluding a plea in confession and avoidance.
ET HOC PETIT QUOD INQUIRATUR
PER PATRIAM. And this he prays may be inquired of by the country. The conclusion of a plaintiff's pleading, tendering an issue to the country. 1 Salk. 6. Literally translated in the modern forms.
ET INDE PETIT JUDICIUM. And
thereupon for thereof] he prays judgment. A clause at the end of pleadings, praying the judgment of the court in favor of the party pleading. It occurs as early as the time of Bracton, and is literally translated in the ...
ET INDE PRODUCIT SECTAM. And
thereupon he brings suit. The Latin conclusion of a declaration, except against attorneys and other officers of the court. 3 BI.
ET MODO AD HUNO DIEM
Lat. And now at this day. This phrase was the formal beginning of an entry of appearance or of a continuance. The equivalent English ORs are still used in this connection.
ET NON
Lat. - And not. A technical phrase in pleading, which introduces the negative averments of a special traverse. It has the same force and effect as the words “absque hoc,” and is occasionally used instead of the latte...
ETIQUETTE OF THE PROFESSION
The code of honor agreed on by mutual understanding and tacitly accepted by members of the legal profession, especially by the bar. Wharton.
Etna L. Ins. Co
v. Vandecar, 86 Fed. 282, 30 C. C. A. 48; Carnes vy. Iowa Traveling Men’s Ags’n, 106 Iowa, 281, 76 N. W. 683, 68 Am. St. Rep. 306; Atlanta Acc. Ass’n v.
Eugene, 23 Or
3/6, 81 Pac. 825; Taylor v.
EUNDATIO
Lat. A founding or foundation. Particularly applied to the creation and endowment of corporations. As applied to eleemosynary corporations such as colleges and hospitals, it is said that “fundatio incipiens”’ is th...
EUNDO ET REDEUNDO
Lat. ing and returning. Applied to vessels.
EUNDO, MORANDO, ET REDEUNDO
Lat. Going, remaining, and returning. A person who is privileged from arrest (as a witness, legislator, etc.) is generally so privileged eundo, morando, et redeundo; that is, on his way to the place where his duties are ...
Ev
331; State v. Grant, 86 Iowa, 216, 53 N. bi 120; Ernest v. State, 20 Fla. 388; Hogan
Ev. § 566; Medlin v. Platt County, 8 Mo
239, 40 Am. Dec. ‘135; Crockett v. Thomason, 5 Sneed (Tenn.) 344.
EVASIO
Lat. In old practice. An escape from prison or custody. Reg. Orig. 312.
EVENINGS
him in the conveyance, it is sometimes expressed (in abstracts, etc.) to be by “A. B. et uz.”
EVENT
as a gratuity or encouragement. Kennett, Gloss.
Everett v. Bailey, 150 Pa
152, 24 Atl. 700; Rex v. Bucks County, 12 East, 204.
Everett, 110 N. Y¥
317, 18 N. B 148, 1 L. R.
Everett, 53 N. H. 9, 16 Am. Rep
82; Appeal of Tappan, 52 Conn. 413.
Every greater contains in itself the less
5 Coke, 115c. The greater always contains the
Every retrospective act is not
necessarily an 6z post facto law. ‘That phrase embraces only such laws as impose or affect penalties or forfeitures. Locke v. New Orleans, 4 Wall. 172, 18 L. Ed. 834
EVIDENCE
17 Or. 8&4, 21 Pac. 47; Civ. Code Ga. 1895, § 5164. Secondary evidence is that species o evidence which becomes admissible, as being the next best, when the primary or best evidence of the fact in question is lost or in...
EVIDENCE, Any species of
proof, or probative matter, legally presented at the trial of an issue, by the act of the parties
EVIDENOE
comprehends everything that nae l be adduced at a trial, within the legal rules, for the purpose of producing conviction in the mind of judge or jury, aside from mere argument; that is, everything that has a probative fo...
EWAGE
(L. Fr. Ewe, water.) In old English law. Toll paid for water passage, The same as aguage. Tomlins.
EX
1.A Latin preposition meaning from, out of, by, on, on account of, or according to.
EX ABUNDANTI
EX ABUNDANTI. Out of abundance; abundantly; superfluously; more than sufficient. Calvin.
EX ABUNDANTI CAUTELA
Lat. Out of abundant caution. “The practice has arisen abundanté cauicla.” 8 East, 326 ; Lord Ellenborough, 4 Maule & S. 544.
EX BIGORE JURIS
te be reported ez relatione, it is meant that the reporter derives his account of it, not from personal knowledge, but from the relation or narrative of some person who was present at the argument.
EX CATHEDRA
From the chair. Originally applied to the decisions of the
EX COMMODATO
From or out of. loan. A term applied in the old law of England to a right of action arising out of a loan, (commodatum.) Glanv. lib. 10, c 13; 1 Reeve, Eng. Law, 166.
EX COMPARATIONE SCRIPTORUM
By a comparison of writings or handwritings. A term in the law of evidence. Best,