EX DEBITO JUSTITIZ
From or as a debt of justice; in accordance with the requirement of justice; of right; as a matter of right. The opposite of ew gratia, (c. v.) 8
Terms beginning with "E" (344 total)
EX DELICTO
popes from their cathedra, or chair. Hence, authoritative; having the weight of authority.
EX DELICTO NON
upon & wrong or tort, e. g., trespass, trover, replevin. These terms were Known in English law at a very early period. See Inst. 4, 1, pr.; Mackeld. Rom. Law, § 884; 8 BI.
EX DELIOCTO
From a delict, tort; fault, crime, or malfeasance. In both the civil and the common law, obligations and causes of action are divided into two great classes,—those arising ez contractu, (out of a contract,) and those e...
EX FACIE
From the face; apparently; evidently. A term applied to what appears on the face of a writing.
EX FAOTO
a fact or action; actually. Usually applied to an unlawful or tortious act as the foundation of a title, etc. Sometimes used as equivalent to “de facto.” Bract. fol. 172.
EX FICTIONE JURIS
By a fiction of law. :
EX GRAVI QUERELA
(From or on the grievous complaint.) In old Hnglish practice. The name of a writ (so called from its initial words) which lay for a person to whom any lands or tenements in fee were devised by will, (within any city, tow...
EX HYPOTHESI
upon the supposition; facts assumed.
EX JUSTA CAUSA
From a just or lawful cause; by a just or legal title.
EX LOOCATO
From or out of lease or ‘letting. A term of the civil law, applied to actions or rights of action arising out of the contract of locatum, (gq. v.) Inst. 4, 6, 28. ‘Adopted at an early period in the law of England. Br...
EX MALEFICIO. NON
Be frequenti delicto augetur pona. ‘2 Inst. 479. Punishment increases with increasing crime.
EX MALIS MORIBUS
. Ex malis moribus bons leges natz sunt. 2 Inst. 161. evil morals, 4. e., are necessitated by the evil behavior of men.
EX MALITIA
From malice; maliciously. In the law of libel and slander, this term imports a publication that is false and without legal excuse. Dixon v. Allen, 69 Cal. 527, 11 Pac. 179.
EX MORA
From or in consequence of delay. Interest is allowed ex mora; that is, where there has been delay in returning a sum borrowed. <A term of the civil law. Story, Bailm. § 84.
EX MUTUVUO
From or out of loan. In the old law of England, a debt was said to arise ex mutuo when one lent another anything which consisted in number, weight, or measure. 1 Reeve, Eng. Law, 159; Bract. fol. 99.
Ex nihilo nihil fit
From nothing nothing comes. Jackson v. Waldron, 13 Wend. (N. Y.) 178, 221; Root v. Stuyvesant, 18
EX OCONTRACTU
From or out of a contract. In both the civil and the common law, rights and causes of action are divided into tWo classes,—those arising er contractu, (from a contract,) and those arising ez delicto, (from a delict or ...
EX OFFICIO
From office; by virtue of the office; without any other warrant or appointment than that resulting from the holding of a particular office. Powers way be exercised by an officer which are not specifically conferred upon ...
EX OONCESSIS
From the premises granted. According to what has been already allowed.
Ex parte Bell, 19 Fla
612;' Barnhart v. State, 154 Ind. 177, 56 N. E. 212; People v. Righetti, 66 Cal. 184, 4 Pac. 1185.—Simple larceny. Larceny which is not complicated or aggravated with acts of violence. _ Larceny from the person, or wit...
Ex parte Bollman, 4 Cranch, 97, 2 L. Ed
554. ‘Thus, it has been granted to remove a person in custody for contempt to take his trial for rjury in another county. 1 Tyrw. 185.— eas corpus ad faciendum et recipiendum. A writ issuing in civil cases to remove ...
Ex parte Chase, 43 Ala
310; Lent v. Tillson, 140 U. 8. 316, 11 Sup. Ct. 825, 85 L. Ed. 419;
Ex parte Janes, 1 Nev
319; State v. Wolfer, 53 Minn. 135, 54 N. W. 1065, 19 L. R. A. 783, 39 Am. St. Rep. 582; State v. Barnes, 32 S.
EX PARTE MATERNA
er’s side; of the maternal line.
EX PARTE PATERNA
2 Steph. Comm. 118. A parol agreement, without a valid consideration, cannot be made the foundation of an action. <A leading maxim both ‘of the civil and common law.
Ex parte Reynolds, 52 Ark
330, 12 S. W. 570; Foot v. Webb, 59 Barb. (N. Y.) 52.
EX PARTE TALIS
EX PARTE TALIS. A writ that lay for a builiff or receiver, who, having auditors appointed to take his accounts, cannot obtain of them reasonable allowance, but is cast into prison. Fitzh. Nat. Brev. 129.
EX PRACOGITATA MALICIA. Of
malice aforethought. Reg. Orig. 102.
EX PROVISIONE MARITI
From the provision of the husband. :
EX QUASI CONTRACTU
From quasi contract. Fieta, lib. 2, c. 60. :
EX RELATIONE
tion of an ew post facto law is sanctioned by long usage. Strong y. State, 1 Blackf. (Ind.
EX SOCRIPTIS OLIM VISIS
From writings formerly seen. A term used as descriptive of that kind of proof of handwriting where the knowledge has been acquired by the witness having seen letters or other doc-
EX TESTAMENTO
From, by, or under a will. The opposite of ab intestato,
Ex uno disces omnes
From one thing you can discern all.
EX UTRISQUE PARENTIBUS CON
JUNCOTI. Related on the side of both parents; of the whole blood. Hale, Com. Law, rm 11.
EX VI TERMINI
From or by the force of the term. From the very meaning of the expression used. 2 Bl. Comm. 109, 1135.
EX VISCERIBUS
From the bowels. From the vital part, the very essence of the thing. 10 Coke, 240; Homer vy. Shelton, 2
EX VISU SCRIPTIONIS
From sight of the writing; from having seen a person write. A term employed to describe one of the modes of proof of handwriting. Best,
EXAMEN. UL
Lat. A trial. BWoeamen computt, the balance of an account. Townsh.
EXAMINATION
search; interrogating.
EXANNUAL ROLL
to the court to direct an inquiry whether the applicant has any, and what, interest in the property; and this inquiry is called an “examination pro interesse suo.” Krippendorf v.
EXCEPTIO
ternal power of another; so named from the dactes of the senate which forbade the recovery of such-loans. -Mackeld. Rom. Law, 3 482.— Exceptio senatusconsulti Velleiani. A defense to an action on a contract of suretysh...
EXCESSIVE
ceeding taken by the adverse party is insuf-. ficient. .Peck v. Osteen, 37 Fla. 427, 20 South.. 549; Arnold v. Slaughter, 86 W. Va. 589, 15 8. EB. 250. céeding the proper or reasonable HNmit or measure. Railway Co. v. ...
Exch
549; 8 Exch. 778. 771, 774. 784. 742; The Manitoba (D. C.).104 Fed,, 151. :
Exch. Co
v. Weisman, 182 Mich. 353, 93 N.
EXCISE
difference in the rights and obligations of parties that goods and merchandise are transferred and paid for by other goods and merchandise instead of by money, which is but the representative of value or property. Com. v...
EXCOMMUNICATO CAPIENDO
chancery, founded on a bishop's certificate
EXCOMMUNICATO DELIBERANDO
In ecclesiastical law. A writ issuing out of
EXCOMMUNICATO RECAPIENDO
A writ commanding that persons excommunicated, who for their obstinacy had been committed to prison, but were unlawfully set free before they had given caution to obey the authority of the church, should be sought after,...