OOTROI
Fr. In French law. Originally, a duty, which, by the permission of the seigneur, any city was accustomed to collect on liquors and some other goods, brought within its precincts, for the consumption of the inhabitants. A...
Terms beginning with "O" (223 total)
OOURT
chancellor, apply the rules and principles of chancery law, and follow the procedure in equity; the latter, such as have no equitable powers, but administer justice according to the rules and practice of the common law.
OPE OCONSILIO
Lat. By aid and counsel. A civil law term applied to accessaries, similar in import to the “aiding and abetting” .of the common law. Often written “ope e# consilio.” Burrill.
OPEN /
session has now begun and that the business before the court will be proceeded with—Open a credit. To accept or pay the draft of a correspondent who has not furnished funds. Par dessus, no. —Open a deposition. To. br...
OPENING
OPENING. In American practice. The beginning: the commencement; the drst address of the counsel.
OPERIS NOVI NUNTIATIO
Lat. In the civil law. A protest or warning against {of] a new work. Dig. 39, 1.
OPINION
1. In the law of evidence, Opinion is an inference or conclusion drawn by a witness from facts some of which are known to him and others assumed, or drawn from facts which, though lending probability to the inference, d6...
OPORTET QUOD CERTA
Oportet quod certa res deducatur in donationem. It is necessary that a certain thing be brought into the gift, or made the subject of the conveyance. Bract. fol. 150.
OPPIGNERARE
Lat. In the civil law. To pledge. Calvin.
OPTIONAL WRIT
Optima statuti interpretatriz est (ommibus particulis ejusdem inspectis) ipsum statutum. The best interpreter of a statute is (all its parts being considered) the statute itself. Wing. Max. p. 289, max. 68; 8 Coke, 1178.
OPUS
ant to do the thing required, or show the reasom wherefore he had not done it. 8 BI. Lat, Work; labor; the product of work or labor. —Opus locatum. The product of work let for use to another; or the hiring out of work...
Or
358,:21 Pac. 132. ; 567, 18 Pac. 442; King v. 506, 23 Pac. 891; Ward v. State, 56 Ga. 410; Ruby v. State, 7 Mo. 208. 61.
Oranch O. 0
(or ‘D. 6... " Cranch’s 'U. 8. Circuit Court Reports, District of Columbia.
ORANDO PRO REGE ET REGNO
An ancient writ which issued, while there was no standing collect for a sitting parliament, to pray for the peace and good government of the realm.
Orby v. Lord Mohin, 2 Vern
542.—Ancient serjeant. In English law. The eldest of the queen’s serjeants.—Ancient wall. <A _ wall built to be used, and in fact used, as a partywall, for more than twenty years, by the express permission and cont...
Ord
de la Mar. (or Ord. Mar.). nance de la Marine de Louls XIV.
Ord. Mar
liv. 2, tit. 1, art. 1.
ORDENAMIENTO DE ALCALA. A
collection of Spanish law promulgated by the Cortes in the year 1348. Schm. Civil
ORDER
ORATRIX. <A female petitioner; a female plaintiff in a bill in chancery was formerly so called. included in a judgment, is denominated an “order.” An application for an order is 2% motion. Code Civ. Proc. Cal. § 10...
ORDINANCE
made, on a ntotion ‘in chancery, for the plaintif to have an injunction to quiet his possession till the nearing ot the cause. This or any such ing final, is interlocutory.” Termes law or statute. In a more limited ...
ORDINANCE OF THE FOREST. In
English law. <A statute made touching matters and causes of the forest, 33 & 34 Edw. I. - ;
ORDINANDI LEX
Lat. The law of procedure, as distinguished from the substantial part of the law.
ORDINATIONE CONTRA SERVIEN
TES. A writ that lay against a servant for leaving his master contrary to the ordinance of St. 23 & 24 Edw. III. Reg. Orig. 189.
ORDINES MAJORES ET MINORES
In ecclesiastical law. The holy orders of priest, deacon, and subdeacon, any of which qualified for presentation and admission to an ecclesiastical dignity or cure were called “ordines majores,;’ and the inferior ord...
ORDINIS BENEFICIUM
Lat. In the civil law. The benefit or privilege of order; the privilege which a surety for a debtor had of requiring that his principal should be discussed, or thoroughly prosecuted, before the creditor could resart to h...
ORDO
Lat. That rule which monks were obliged to observe. Order; regular succession. An order of a court.
ORDONNANCE
Fr. In French law, an ordinance; an order of a court; a compilation or systematized body of law relating to a particular subject-matter, as, ‘commercial law or maritime law. Particularly, a compilation of the law relat...
ORE TENUS
Lat. By word of mouth; orally. Pleading was anciently carried on ore tenus, at the bar of the court. 3 BI.
OREDITOR 298 - CREW
debtor has his momen or his property. —General creditor. A creditor at large (supra), or one who has no lien or security for: the BSC. of his debt or claim. King v. Fraser, 343; Wolcott v. Ashenfelter, 5 N. M. 442, 283...
Orig
33e. 3190. 78. 270. 131. 66; Cowell. 295. ; 161. , 187. 159; Fitzh. Nat. Brev. 151. 238; Fitzh. Nat. Brev. 210.—Contra formam doni. Against the form of the grant. See FORMEDON.—Contra formam feoffamenti. In...
ORIGINAL
ORGANIC LAW. The fundamental law, or constitution, of a state or nation, written er unwritten; that law or system of laws or principles which defines and establishes the organization of its government. St. and size as i...
Orl. T.B. Orleans Term Reports, vols
1, 2 Martin, Louisiana.
Orleans v. Railroad Co
171 U. S. 312, 18 Sup.
Oro Min. & Mill. Ca
v. Kaiser, 4 Cola. App.
Orr, 121 Ala
489, 26 South. 85; Coit v. West: ern Union Tel. Co., 130 Cal. 657, 63 Pac. 83, 63 L. R. A. 678, 80 Am. St. Rep. 153,—Hasardous negligence. Such careless or reck- — eect as exposes one to very great ce
Orr, 71 Cal
48, 11 Pac. 814.—Record and writ clerk. Four officers of the court of chancery were designated by this title, whoeé duty it was to file bills brought to them for that purpose. Business was distributed among them Bccon...
ORUELTY
Cruelty includes both willfulness and malicious temper of mind with which an act is done, as well as a high degree of pain inflicted. Acts merely accidental, though they inflict great pain, are not “cruel,” in the se...
Osborn v. Fall River, 140 Mass
508, 5 N. E. 483. An action which can be brought only by the person himself who is injured, and not by his representatives.— action. At the common law. One brought for the specific recovery of lands, tenements, or here...
Osborn, 45 N. J. Eq
377, 17 Atl. 767; In re
Osborne, 12 Abb. Prac
(N. S.) (N. ¥) 202 aa Bank vy. Freeman, 16 Pick. Mass.)
OSTENDIT VOBIS
Lat. In old pleading. Shows to you. Formal words with which a demandant began his count. Fleta, lib. 5, c. 38, § 2.
OSTENTUM
Lat. In the civil law. A monstrous or prodigious birth. Dig. 50, 16, 38.
OSTIA REGNI
ORTELLI. The claws of a dog's foot. Kitch. Lat. Gates of the kingdom. The ports of the kingdom of England are so called by Sir Matthew Hale. De
OSTIUM ECOLESILZ
Lat. In old English law. The door or porch of the church, where dower was anciently conferred.
OSUS
Lat. Dangerous; per-
OSWALD’S LAW HUNDRED. An an
cient hundred in Worcestershire, so called from Bishop Oswald, who obtained it from King Edgar, to be given to St. Mary's Church in Worcester. It was exempt from the sheriff’s jurisdiction, and comprehends 300 hides of...
Ot U. S. 124, 24 L. Ed
77; Coyle v. MclIntire, 7 Houst. (Del.) 44, 30 Atl. 728, 40 Am.
Ottawa County v. Nelson, 19 Kan
239.—Equal degree. Persons are said to be related to a decedent “in equal degree” when they are all removed by an equal number of ates or de rees from the common ancestor. idler v. iggins, 21 N. J. Eq. 162; Helmes ...
OUM PERA ET LOCULO
CUM PERA ET LOCULO. With satchel and purse. A phrase in old Scotch law.
Ourt
0.0. Curtis’. United States Circuit Court Decisions.