Category: Contracts

Found 629 results · Showing 31–60

ALLEGIANCE

Allegiance is the obligation of fidelity and obedience which every citizen owes to the state. Pol. Code Cal. § 55. c {In Norman French. Alleviation; redress. Kelham.

ALLODIAL

Free; not holden of any lord or superior; owned without obligation of vassalage or fealty; the opposite of feudal. Barker vy. Dayton, 28 Wis. 384; Wallace v. Harmstad, 44 Pa. 499.

ALMANAO

cient to answer all claims in the proceedings, the court may ailow to the parties interested the whole or part of the income, or (in the case of personalty) part of the property itself. St. 15 & 16 Vict. c. 86, § 57; Daniell,

Am, St. Rep

912. 17. 246; Vidal v. Commagere, 13 La. 806: Com. v. Burke, 105 Mass. aL KE Am. Rep. 531; Beyer v. People, 86 N. 45; In re Columbia Real Estate Co. (D. C.) 101 Fed. 970. 5388; Clayton v. Berry, 27 Ark. 129. 27. 166; Turney v. State, 60 Ark. 2...

Am. Rep

158; Hand v. Hoffman, 8 N. J. Law. 575; State v. Anthony. 65 Mo. App. 543; State v. Baker, 19 Fla. 19; Ex parte Bollman, 4-Cranch, 101, 2 L. Ed.- 554. 495; . National Bank of Redemption v. Boston, 125 U. S. 60, 8 Sup. Ct. 772, 31 1. 124. In mercan...

AMICABLE

Friendly; mutually forbearing; agreed or assented to by parties having conflicting interests or a dispute; as opposed to hostile or adversary. —Amicable action. In practice. An action between maa & parties. An action brought and carried on by the m...

Andover, 108 Mass

97; St. Joseph’s Church v. Assessors of Taxes, 12 R. I. 19, Am. Rep. 507 ; Merrick v. Amherst, 12 Allen (Mass.) 508. A public school is one belonging to the public and established and conducted under public authority; not one owned and conducted by...

Anis vy. Smith, 16 Pet

313, 10 L. Ed. 973.—Ire regular process. Sometimes the term “ir regular process” has been defined to mean process absolutely void, and not merely erroneous and voidable; but usually it has been applied to all process not issued in strict confor...

Answering to the heres factus (g

v.) of the civil law.—Heir collateral. One who is not lineally related to the decedent, but is of collateral kin; ec. g., his uncle, cousin, brother. nephew.—Heir conventional. In the civil law. One who takes a succession by virtue of a contract ...

Origin: Civil Law Read full definition →

AOT

transferred, is matter in pais. 2 Bl. Comm. 204.—Act of attainder. A legislative act, attainting a person. See ATTAINDER.—Act of bankruptcy. <Any act which renders a person Mable to be proceeded against as a bankrupt, or for which he may be adjud...

AoT, infra

r Sine © we ( WILLA. In Hindu law. The relation between a master or patron and his freedman, and the rélation between two persons who had made a reciprocal testamentary contract.

APOCHA

Lat. In the civil law. A writing acknowledging payments; acquittance. It differs from acceptilation in this: that acceptilation imports a complete discharge of the former obligation whether payment be made or not; apocha, discharge only upon payment ...

Origin: Civil Law Read full definition →

ARTIFICER

The terms and conditions under which property is sold at auction.—Articles of set. In Scotc law. An agreement for a lease. Paters. Comp. —Articles of the clergy. The title of a statute passed in the ninth year of Edward II. for the purpose of adj...

As used in Const. U. S. art

1, § 10, the term means the binding and coercive force which constrains every man to perform the agre& ments. he has made; RY forge grounded ‘jn: the ethical principle of fidelity to one’s promises, buc deriving its legal efficacy from {ts retog...

ASSIGNMENT. In contracts

1. The act by which one person transfers to another, or causes to vest in that other, the whole of the right, interest, or property which he has in any realty or personalty, in possession or in action, or any share, interest, or subsidiary estate the...

ASSUMPSIT

Lat. He undertook; he promised. A promise or engagement by which one person assumes or undertakes to do some act or pay something to another. It may be either oral or in writing, but is not under seal. It is czrpress if tne promisor puts his engageme...

ASSURANCE °

is so called where the declaration sets’ out ‘the precise eneuage or effect of a special contract, which forms the ground of action; as distinguished from a general assumpsit, in which the technical claim is for a debt alleged to grow out of the ...

Ati

714, 82 L. R. A. 236, 52'Am. St. Rep. 270; People v. Martin, 175 N. Y. 815, 67 N. 589, 96 Am. St. Rep. 628.—Judieial comity. The principle in accordance with which the courts of one state or goneicton will give effect to the laws and judicial decis...

Aymette v. State, 2 Humph

(Tenn.) 158. As applied to fire-arms, includes the right to load and shoot them, and to use them as such things ' are generally used. Hill v. State, 53 Ga. 480. —Bear interest. To generate interest, so that the instrument or loan spoken of shall pr...

B. (N

8S.) 764; Goodtitle v. Herring, 1 East. 275; Ewan v. Cox, 9 N. J. Law, 14.—Heir of conquest. In Scotch law. One who succeeds to the deceased in conquest, i. e., lands or other heritable rights to which the deceased neither did nor could succeed as ...

BAD

back. Hodges v. Raymond, 9 Mass. 316; ambers v. Kyle, 87 Ind. 85. Water caused to flow backward from a steam-vessel by reason of the action of its wheels or screw. some states, the word may have a more precise meaning. In Louisiana. bad debts are th...

Bank v. Bond, 1 Ohio St

622; Murphy v. Mercer County, 57 N. J. Law, 245, 31 Atl. 229. Private corporations are those founded by and composed of private individuals, for private purposes, as distinguished from governmental purposes, and having no political or governmental fr...

Bank vy. Pierce, 144 Cal

434, 77 Pac. 1012. See Trust DrEeD.—Deed poll. In conveyancing. A deed of one part or made by one party only; and originally so called because the edge of the paper or parchment was polled or cut in a straight line, wherein it was distinguished fro...

Bank, 45 Ohio St

183, 12 N. E. 5; Griswold v. Sawyer, 125 N. Y. 411, 26 N. E. 464; Lasater v. First Nat. Bank (Tex. Civ. App.) 72 8. W. Perso representatives. This term, in its commonly accepted sense, means executors and administrators; but it may have A wider meani...