HOMINE CAPTO IN WITHERNAM
.tU0M. A writ to take him that had taken any bond man or woman, and led him or her out of the country, so that he or she could not be replevied according to law. Reg.
Category: Contracts
Found 629 results · Showing 271–300
Horseman vy. Horseman, 48 Or
88, 72 Pac. 688; Norrington v. Wright (C. C.) 5 Fed. 771; Dowley v. Schiffer (Com. Pl.) 18 N. Y. S 552: Se ps v. Bauder, 75 Iowa, 550, 39 N. W. 887, 1 L. R. A. 655. Where a contract consists of many parts, which may be considered as parts of one whol...
Hoyt, 70 Vt
534, 41 Atl. 1026: Linn v, Ross, 10 Ohio, 414, 36 Am. Dec. 95; Peonle v. Speir, 77 N. Y. 150; O’Brien v. Young. 95 N. Y. 432, 47 Am. Rep. 64. But obligations of this kind are not properly contracts at all, and should not be so denominated. There ca...
HYTHE
there is nervestorm characterized by loss or abandonment of self-control in the expression of the emotions, particularly grief, by paroxysms of tears or laughter or both together, sensations of constriction as of a ball rising in the throat (globus h...
HZEC EST CONVENTIO
Lat. This is an agreement. Words with which agreements anciently commenced. Yearb. H. 8
I. O. U
DUEL. A duel is any combat with deadly weapons, fought between two or more persons, by previous agreement or upon a previous quarrel. Pen. Code Cal. § 225; State vy. Fritz, 188 N. C. 725, 45 S. EB. 957; State vy. Herriott, 1 McMul. (8S. C.) 180; Bas...
III. St
2, c. 24.) who, upon any question arising among merchants relating to unmerchantable wool, or undue packing: etc., might, before the mayor and officers of the staple upon their oath certify and settle the same; to whose determination therein the part...
IMITATION
property to one of the objects of a power, In order to escape the rule that an exclusive appointment could not be made unless it was authorized by the instrument ‘creating the power, was considered illusory and void in_ equity. But this rule has be...
IMPOSSIBLE CONTRACTS. An im
possible contract is one which the law will not hold binding upon the parties, because of the natural or legal impossibility of the performance by one party of that which is the consideration for the promise of the other. % Walt, Act. & Def. 124.
In a
contract for sale and delivery of goods “free on board” vessel, the seller is under no obligation to act until the buyer names the
IN FRAUDEM LEGIS
IN FAOTO. In fact; in deed. In facto dict, in fact says. 1 Salk. 22, pl. L
IN PAPER
ter in. pais. In some cases, however, “matters in pais” are opposed not only to “matters of record,” but also to “matters in writing,” c A., deeds, as where estoppel by deed is distinguished from estoppel by matter tn pats. (Id. 852a.) Sw...
Ind
41, 59 N. E. 169; La Beau v. People, 34 N. Y. 223; Sumpter v. State, 11 Fla. 247; 533, 3 N. E. 264; Braman v. Dowse, 12 92. 33 N. BE. 786; Morton v. Immigration 16; Shumate v. Com., 15 Grat. 660; Harris v. White, 81 N. Y. 539. 445; Blyew v. U. S....
INDEMNITY
INDEMNITY. An indemnity fs a ccollateral contract or assurance, by which one person engages to secure another against an anticipated loss or to prevent him from being damnified by the legal consequences of an act or forbearance on the part of one of ...
INDEPENDENT
were parties, and each was cut or indented (either in acute angles, like the teeth of a saw, or in a waving line) at the top or aside, to tally or correspond with the others, and the deed so made was called an “indenture.” Anciently, both parts w...
INDIVISUM
tire. Thus, a contract, covenant, consideration, etc., may be divisible or indivisible; & c, separable or entire. Lat. That which two or more persons hold in common without partition; undivided. ,
INDUCEMENT
INDUCEMENT. In contracts. The benefit or advantage which the promisor is to receive from a contract is the inducement for making it.
INEVITABLE
. INBVITABLE. Incapable of being avoided: fortuitous; transcending the power of human care, foresight, or exertion to avoid or prevent, and therefore suspending legal relations so far as to excuse from the performance of contract obligations, or from...
INFANTS’ MARRIAGE AOT. The
statute 18 & 19 Vict. c. 43. By virtue of this act every infant, (if a male, of twenty, or, if a female, of seventeen, years,—section 4,) upon or in contemplation of marriage. may, with the sanction of the chancery division of the high court, make ...
INFRA DIGNITATEM CURIZ. Be
aeath the dignity of the court; unworthy of che consideration of the court. Where a Dill in equity is brought upon a matter too trifling to deserve the attention of the court, it is demurrable, as being infra dignitatem curte.
INSPECTORSHIP, DEED OF. In Eng
lish law. An instrument entered into between an insolvent debtor and his creditors, appointing one ‘or more persons to inspect and oversee the winding up of such Insolvent’s affairs on behalf of the creditors.
INSURANCE
real interest, the contract would be a mere wager policy. on gations on the part of the other contracting party; to this class belong policies of contract credit and title insurance. Cowles y. Guaranty property resulting from such losion.—Title s...
INSURANOB
become members of the association and contribute either cash or assessable premium notes, or both, to a common fund, out of which each is entitled to indemnity in case of loss. My-
INTENDED TO BE RECORDED. This
phrase is frequently used in conveyances, when reciting some other conveyance which has not yet been recorded, but which forms a link in the chain of title. In Pennsylvania, it has been construed to be a covenant, on the part of the grantor, to procu...
INTERIM
Interest reipublices suprema hominum testamenta rata haberi. It concerns the state that men’s last wills be held valid, [or allowed to stand.] Co. Litt. 2360. tnade in the mean time, and until something is done.—Interim receipt. A receipt for mo...
Inv. Trust v. Sears, 30 Or
388, 41 Pac. 931, 35 L. R. A. 188.—Money claims. In English practice. Under the judicature act of 1875, claims for the price of goods sold, for money lent, for arrears of rent, etc., and other claims where money is directly payable on a contract ex...
Iowa, , 94 N..W
947, 98 Am. St. Rep. 365. =—Deposit account. An account of sums isdged with a bank not to be drawn upon by checks, and usually not to be withdrawn except after a fixed notice.—Deposit com ycompany whose business is the safe-keeping of securities ...
ISSUER
specified in a deed are, if committed, declared to be null and void. A resolutirve clause dissolves and puts an end to the right of a proprietor on his committing the acts so declared void. .
It also designated an “imparlance,” (q
1.,) both names evidently referring to the talking together of the parties. Loquela sine die, a postponement to an indefinite time.
ITA SEMPER FIAT RELATIO
whatever degree; and it is so construed gener ally in deeds. But, when used in wills, it is, of course, subject to the rule of construction that the intention of the testator, as ascertained from the will, is to have effect, rather Panag the technica...