Port
(Ala.) 404; ‘Backus v. Shipherd, 11 (Ala.). Porter’s Alabama Reports.
Terms beginning with "P" (639 total)
Port, 110 Mo
502, 19 S. W. 831; Contas v.
PORTEOUS
in old Scotch practice. A roll or catalogue containing the names of in-
PORTER
1. In old English law, this title was given to an officer of the courts who
PORTIO LEGITIMA
Lat. In the civil law. The birthright portion; that portion of an inheritance to which a given heir is entitled, and of which he cannot be deprived by the will of the decedent, without special cause, by virtue merely of ...
PORTION DISPONIBLE
Fr. In French law. That part of a man’s estate which he may bequeath to other persons than his natural heirs. A parent leaving one legitimate child may dispose of one-half only of his property; one leaving two, one-thi...
Portland v. O'Neill, 1 Or
219.—Exe of li - In ecclesiastical law. This is effected by resigning them {nto the bishops hands, and each party being inducted into the other’s benefice. If either die before both are inducted, the exchange is void...
PORTMOTE
dicted persons, delivered by the justice-clerk to the coroner, to be attached and arrested by him. Otherwise called the “Porteous Roll.” Bell.
PORTORIA
sometimes in inland towns also. Blount.
POSSE
Lat. A possibility. A thing is said to be # posse when it may possibly be; in esse when it actually is.
POSSE COMITATUS
Lat. The power or force of the county. The entire population of a county above the age of fifteen, which a sheriff may summon to his assistance in certain cases; as to aid him in keeping the peace, in pursuing and arrest...
POSSESSIO
Lat. Im the civil law. That condition of fact under which one can exercise his power over a corporeal thing at his pleasure, to the exclusion of all others. This condition of fact is called “detention,” and it forms ...
POSSESSIO FRATRIS DE FEODO
the exclusive detention and control of; also to own or be entitled to. See Fuller v. Fuller, 84 Me. 475, 24 Atl. 946; Brantly v. Kee, 58 N. C. 337.
POSSESSIO PACIFICA
session of an estate in fee-simple makes the sister to be heir. 3 Coke, 41; Broom, Max. 532.
POSSESSION
etc.-Dispossession. The act of ousting or removing one from the possession of property previously held by him, which may be tortious and unlawful, as in the case of a forcible amotion or in pursuance of law, as where a l...
POSSESSION VAUT TITRE
Fr. In English law, as in most systems of jurisprudence, the fact of possession raises a prime racie title or a presumption of the right of property tn the thing possessed. In other words, the possession is as 3 good as ...
POSSIBILITY
ed a “possessory” action, because it lies only for a plaintiff who, at the moment of the injury complained of, was in actual or constructive, immediate, and exclusive possession. 1 Chit. Pl. 168, 169. which may happ...
POST
Lat. After; occurring in a report or a text-book, {s used to send the reader to a subsequent part of the book. —
POST FACTO
After the fact. See Ex
POST HAC
Lat. After this: after this time; hereafter.
POST LITEM MOTAM
Lat. After suit moved or commenced. Depositions in relation to the subject of a suit, made after litigation has commenced, are sometimes so termed. 1 Starkie, Ev. 319.
POST-FACTUM, or POSTFACTUM
An after-act; an act done afterwards; & post-act.
POST-NOTES
the trouble of getting back the overplus. McCul. Dict.
POST-TERMINAL SITTINGS
_ tings after term. See Srrrinas.
POST, WRIT OF ENTRY IN. In Eng
lish law. An abolished writ given by statute of Marlbridge, 52 Hen. III. c. 30, which pro-
Post. Post’s Reports, vols
23-26 Michigan ;—-Post’s Reports, vols. 42-64 Missouri.
POSTERIORES
Lat. This term was used by the Romans to denote the descendants in a direct line beyond the sixth degree.
POSTERITY
POST TERMINUM. After term, or postterm. The return of a writ not only after the day assigned for its return, but after the term also, for which a fee was due. Cowell.
POSTHUMOUS CHILD 920
eration. Breckinridge v. Denny, 8 Bush (Ky.) 527. ae
POSTIVI JURIS
Lat. Of positive law. “That was a rule positivi juris; I do not mean to say an unjust one.” Lord Ellenborough, 12 East, 639.
POSTLIMINIUM
Lat. In the civil: law. <A doctrine or fiction of the law by which the restoration: of a person to any status or right formerly possessed by him was considered as relating back to the time of his original loss or depriva...
POSTULATIO
Lat. In Roman law. A request or petition. This was the name of the first step in a criminal prosecution, corresponding somewhat to “swearing out a warrant” in modern crininal law. The accuser appeared before the pree...
POTENTIA
Lat. Possibility; power.
POTENTIAL
. POSTREMO-GENITURE. l Borough -
POTEST QUIS RENUNCIARE °
sigument, or sale. See Campbell v. Grant
POTESTAS
Lat. In the civil law. Power; authority; domination; empire. Imperium, or the jurisdiction of magistrates. The power of the father over his children, patria potestas. The authority of masters over their slaves. See Inst....
Poth
de Change. trat de Change. de l’Usure. Pothier, Traité de YUsure. de Sdoiété App. Pothier, Traité du du Depot. Pothier, Traité du Dé pot. ,
Poth. Cont
de Change, no. 225. de Change de Change. Pothier, Traité du Contrat de Change,
Poth. Du Dépét, n
69.—Actio depositi directa. An action which is brought by the depositor against the depositary, in order to get back the thing deposited. Poth. Du Dépét, n. 60.—Actio directa. A direct action; an action founded on ...
Poth. Obl
1, 1, 1, 2. 108; Broom, Max. 697. The rights of creditors can neither be taken away nor diminished by agreements among the debtors. pt. 4, c. 1, art. 2, $ & pt. 2, A 8, art. 3, § 1; Civ. Code
Poth. Proc. Civil, pt
5, c. 2, § 1—Benefit of elergy. In its original sense, the phrase denoted the exemption which was accorded to clerzymen from the jurisdiction of the secular courts. or from arrest or attachment on criminal process iss...
POUND
1. A place, inclosed by public authority, for the temporary detention of stray animals. Harriman vy. Fifield, 36 Vt. 345; Wooley v. Groton, 2 Cush. (Mass.) 308, . . A pound-overt is said to be one that is open
POURSUIVANT
nuisance. Skene makes three sorts of this offense; (1) Against the crown; (2) against the lord of the fee; (3) against a neighbor. 2 Inst. 88; 1 Reeve, Eng. Law, 156.
POURVEYOR, or PURVEYOR. A
buyer; one who provided for the royal household.
Powell v. Com., 114 Pa
265, .7 Atl. 913, 60
Powell v. Furniture.Co., 34 W. Va
804, 12 S. E. 1085, 12 L. R. A. 538; Miller v. Truehart, 4 Leigh (Va.) 577.
Powell, 2 Metc
(Ky.) 10; Cothran v. State, 39
POWER
fee, by means of a conveyance, will, or charge, of the lands embraced in the power to any alienee whatsoever. lt is special (1) when the persons or class of persons to whom the disposition of the lands under the power is...
POWER OF APPOINTMENT
er or authority conferred by one. person by deed or will upon another (called the “donee”) to appoint, that is, to select and nominate, the person or persons who are to re eelve and enjoy an estate or an income there...
POWER OF SALE
erate wholly out of the life-estate of the party executing it, and must in every case have its operation out of his estate during his life. Such an estate must be created, which will attach on an interest actually vested...