PER MY ET PER TOUT
L. Fr. By the half and by the whole. A phrase descriptive of the mode in which joint tenants hold the joint estate, the effect of which, technically considered, is that for purposes of tenure and survivorship each is the...
Terms beginning with "P" (639 total)
PER QUOD
Lat. Whereby. When the declaration in an action of tort, after stating the acts complained of, goes on to allege the consequences of those acts as a ground of special damage to the plaintiff, the recital of such conseque...
PER QUOD CONSORTIUM AMISIT
Lat. In old pleading. Whereby he lost the company [of his wife.] A phrase used in the old declarations in actions of trespass by a husband, for beating or ill using his wife, descriptive of the special damage he had sust...
PER QUOD SERVITIUM AMISIT
Lat. In old pleading. Whereby he lost the service [of his servant.j] A phrase used in the old declarations in actions of trespass by a master, for beating or ill using his servant, descriptive of the special damage he ha...
PER QUZ SERVITIA
Lat. A real action by which the grantee of a seligniory could compel the tenants of the grantor to attorn to himself. It was abolished by St. 3 & 4
PER SALTUM
Lat. By a leap or bound; by a sudden movement; passing over certain proceedings. 8 East, 511.
PER SE
Lat. By himself or itself; in itself; taken alone; inherently; in isolation; unconnected with other matters.
PER STIRPES
Lat. By roots or stocks; by representation. This term, derived from the civil law,.is much used in the law of descents and distribution, and de notes that method of dividing an intestate estate where a class or group of ...
PER TOTAM CURIAM
L. Lat. By the whole court. A common phrase in the old reports. -
PER UNIVERSITATEM
Lat. In the civil law. By an aggregate or whoie; as an entirety. The term described the acquisition of an entire estate by one act or fact, as distinguished from the acquisition of single or detached things.
PER VADIUM
L. Lat. In old practice. By gage. Words in the old writs of attachment or pone. 8 Bl. Comm. 280.
PER VERBA DE FUTURO
Lat. By words of the future [tense.}] A phrase applied to contracts of marriage. 1 Bl. Comm. 439; 2 Kent, Comm. S7.
PER VERBA DE PRZSENTI
Lat. By words of the present [tense.] A phrase applied to contracts of marriage. 1 BI.
PER VISUM ECCLESIZ
Lat. In oid English law. By view of the church; under the supervision of the chureh. The disposition of intestates’ goods per visum ecclesia was one of the articles confirmed to the prelates by King John’s Magne Cher...
PER VIVAM VOCEM
Lat. In oli English law. By the living voice; the same with vive voce. Bract. fol. 95.
PERAMBULATIONE FACIENDA
WRIT DE. In English law. The name of
PERDONATIO UTLAGARIZE
L. Lat. A pardon for a man who, for contempt in not yielding obedience to the process of a court, is outlawed, and afterwards of his own accord surrenders. Reg. Orig. 28.
PERDUELLIO
Lat. In Roman law. Hostility or enmity towards the Roman republic; traitorous conduct on the part of a citizen, subversive of the authority of the laws or tending to overthrow the government. Calvin; Vicat.
PEREGRINI
Lat. In Roman iaw. The class of peregrinit embraced at the same time both those who had no capacity in law, (capacity for rights or jural relations,) namely, the slaves, and the members of those nations which had not est...
PEREMPTORY
elsewhere, or according to others, twenty-five. Unless defined by statute, it is a very indefinite term and must be explained by evidence.
PEREMPTORY 892 PERIL
sideration. Positive; final; decisive; not PERFORMANCE. The fulfillment or acadmitting of any alternative. Self-determin- complishment of a promise, contract, or oth+
Peremptory exceptions
are those which tend to the dismisgal of the action. _ —Exception to bail. An objection to the special bail put in by the defendant to an ac-
PERICULUM
Lat. In the civil law. Peril; danger; hazard; risk.
PERINDEK VALERE
of the sea,” in a marine policy, and not those or dinary perils which every vessel must encounter. Hazard v. New England Mar. Ins. Co., 8 Pet. 557, 8 L. Ed. 1043.
Perkins v. Insurance Co., 12 Mass
218; Lowell Mfg. Co. v. Safeguard F. Ins. Co., 88 N. Y. 597.—Double plea, double pleading. See DUPLICITY; -PLEA: l PLEADING.—Double a A A possibility upon a possibility.
Perkins, 29 Minn
173, 12 N. W. 515; Moffitt v. Carr, 48 Neb. 403, 67 N. W. 150, 58 Am. St.
Perkins, 43 La. Ann
347, 9 South. 48. _—- a
PERMIT
have been paid, or secured, and permitting their removal from some specified place to another. Wharton.
PERMUTATIO
Lat. In the civil law.
PERNOUR. IL
Fr. A taker. Le persour ou le detenour, the taker or the detainer. Britt. c 27.
PEROB. |
IMPERFEOT. As used in various legal compound terms, this word means defective or incomplete; wanting in some legal or formal requisite; wanting in legal sanction or effectiveness; as in speaking of imperfect “obligatio...
PERPARS
L. Lat. A purpart; a part of the inheritance.
PERPETUATING TESTIMONY. A
proceeding for taking and preserving the testimony of witnesses, which otherwise might be lost before the trial in which it is intended to be used. It is usually allowed where the witnesses are aged and infirm or are abo...
PERPETUITY OF THE KING. That
fiction of the English law which for certain political purposes ascribes to the king in his political capacity the attribute of immortality; for, though the reigning monarch may die, yet by this fiction the king never di...
PERQUISITES
was revised by the jurist Julianus, and was reponuence as a permanent act of legislation. t was then styled “perpetual,” in the sense of being calculated to endure in perpetuum, or until abrogated by competent pr pos...
Perry vy. Lorillard F. Ins. Co., 6 Lans
(N. Y.) 204: Com. v. Brower, 7 Pa. Dist. R. 255.— Mesne process. As distinguished from final process, this signifies any writ or process issued between the commencement of the action and the suing out of execution. It ...
Perry, 75 Ga
312; State v. Casteel, 110 Ind. 174, 11 N. E. 219; Mutual Ben. L. Ins. Co. v. Winne, 20 Mont. 20, 49 Pac. 446.
PERS
EVICT. In the civil law. To recover anything from a person by virtue of the judgment of a court or judicial sentence.
Pers. Prop
41. Treat v. Barber, 7 Conn. 280: Robinson v. Holt, 39 N. H. 563, 75 Am. Dec. 233; Belcher v. Commission Co., 26 Tex. Civ.
PERSECUTIO
Lat. In the civil law. A following after; a pursuing at law; a suit
PERSEQUI
Lat. In the civil law. To foliow after; to pursue or claim in form of law, An action is called a “jus persequendt.”
PERSONA
Lat. In the civil law. Character, in virtue of which certain rights belong to a man and certain duties are imposed upon him. Thus one man may unite many characters, (persone.) as, for example, the characters of father an...
Personal security
(1) A person’s legal and uninterrupted enjoyment of his life, his limbs, his body, his health, and his reputation. 1 BI.
PERSONALIS ACTIO
person ascertained as a member of a class, or as filling a particular character.—Persona eoclesis. The parson or personation of the church.-Persona non grata. In international law and diplomatic usage, a person not acc...
PERSONALIS AOTIO
Lat. civil law. A personal action;
PERSONNE
Fr. A person. This term is applicable to men and women, or to either.
PESSIMI EXEMPLI
People v. Chicago Theological Seminary, 174 Lat Of worst example.
PESSONA
‘ PESSONA. Mast of oaks, etc., or .money: taken for mast, or feeding hogs. Cowell.
Pet
291, 300, L. Ed. 402. The same construction has been given to it in Missouri. 586, 7 L. Ed. 528 : Duncan y. Course, 1 409, 10 L. Ed. 907. 475, 10 L. Bd. 543; U. S. v. The Catharine, 2 Paine, 721, Fed. Cas. No. 14,755....
Pet, 151, 8 L. Ed
352; Fish v. Sullivan, 40