Found 629 results · Showing 91–120
CATONIANA REGULA. In Roman law. The rule which is commonly expressed in the maxim, Quod ab initio non valet tractu temporis non convalebit, meaning that what is at the beginning void by reason of some technica) (or other) legal defect will not become...
often called a “cause célébre,” when it is remarkable on account of the parties involved or the unusual, interesting, or sensational character of the facts.
317.—Commissioners of deeds. Officers empowered by the government of one state to reside in another state, and there take acknowledgments of deeds and other papers which are to be used as evidence or put on record in the former state —Commissione...
121, 22 Atl. 841, 27 Am. St. Rep. 677.—Patent-right dcoaler, Any one whose business it is to sell, or offer for sale, patent-rights. 14 St. at Large, 118.—Pateent rolls. he official records of royal charters and grants; covering from the reign of...
(N. Y.) 438, 446.—Collateral assurance. That which is made over and above the principal assurance or deed itself.—Collateral at~- tack. See “Collateral impeachment,” infra. Collateral facts. Such as are outside the controversy, or are not dir...
CHILDWIT. In Saxon law. The right which a lord had of taking a fine of his bondwoman gotten with child without his license. Termes de la Ley; Cowell.
303, 18 L. Ed. 475; Shaw v. Chase, 77 Mich. 436, 43 N. W. S83. A speaking demurrer is one which, in order to sustain itself, requires the aid of a fact not appearing on the face of the pleading objected to, or, in other words, which alleges or assume...
Circuitus est evitandus; et boni judicis est lites dirimore, ne lis ox Hite oriatar. 5 Coke, 31. Circuity is to be avoided; and it is the duty of a good judge to determine litigations, lest one lawsuit arise out of another. ;
chest for the deposit of charters, deeds, and things of value.
20, 76 Am. Dec. 581, —Absolute or conditional. That is an absolute interest in property which is so completely vested in the individual that he can by no contingency be deprived of it without his own consent. So, too, he is the owner of such absolu...
art. 3556; Dreville v. Cucullu, 18 La. Ann. 695; ‘Morris v. Bienvenu, 80 La. art. 1032.—Benefit societies. Under this and several similar names, in various states, corporations exist to receive periodical payments from members, and hold them as ...
the ‘parties attending,” or, shortly, “classtfying,” or “classification.” In practice the term is also applied to the directions given by the chief clerk as to which of the parties are to attend on each of the accounts and inquiries direc...
194, 20 S. E. 920.—Failure of evidence. Judicially speaking, a_ total “failure of evidence’? means not only the utter absence of all evidence, but it also means a failure to offer proof, either positive or inferen-
4, 24.—Actio prejudicialis. <A preliminary or preparatory action. An action instituted for the determination of some preliminary matter on which other litigated matters depend, or for the determination of some point or question arising in another o...
1903, § 94. Either personal violence or the reasonable apprehension there of, or a systematic course of ill treatment affecting health and endangering life. -Morris v. Morris, 14 Cal. 79, 73 Am. Dec. 615; Harratt v. Harratt, 7 N. H. 198, 26 Am. Dec....
1900, art. Also one who may accept the succession. Succession of Gusman, 86 La. Ann. 299. . ee art. 1227; Miller v. Miller, 105 La. 257, 29 South. 802. art. 1761; Fisk v. Police Jury, 34 art. 1764. art. 50. art. 3522. art. 3522, no. 16; 9 Ves. ...
HOUSEHOLD. In English law. A principal officer of the royal establishment, next under the controller, who, in the countinghouse and elsewhere, had a special charge and oversight of the other officers, whose wages he paid.
280, 52 N. E. 432, 42 L. R. A 797, 69 Am. St. Rep. 242; Warner v. Bennett, $1 Conn. 475; Blean v. Messenger, 33 N. J. Law, 503. A condition subsequent is one annexed to an estate already vested, by the per formance of which such estate is kept and co...
8 Pac. 575.—Estoppel by judgment. The estoppel raised by the rendition of a valid judgment by a eourt having jurisdiction which prevents the parties to the action, a all who are in privity with them, from afterwards disputing or drawing into contro...
clans, and early adopted into the language of pleading. It was an apparent or prima facie right; and the meaning of the rule that pleadings in confession and avoidance should give color was that they should confess the matter adversely alleged, to su...
31. rd Coke defines time of memory to be ‘“‘when no man alive hath had any proof 16 the contrary, nor hath any conusance to the contrary.” Oo. Litt. 866, 86).—Time out of memory. Time beyond memory; time out of mind; time to which memory do...
23.—Sheriff elerk. The clerk of the sheriff's court in Scotland.—Sheriff depute. In Scotch law. The principal sheriff of a county, who is also a pt EP en yr amen A rent formerly Bains by a: sheriff, and it is prayed that the sheriff in his accoun...
though there be no deed or instrument to prove the original contract. 4 Coke, 37; 1 cliff, 10 Wend. (N. Y.) 648.—Common of fishery. The same as Common of piscary. See énfra.—Common of fowling. In some parts of the country a right of taking wild...
ENDA IN SCACCARIO. An ancient writ directed to the treasurer and barons of the exchequer, forbidding them to hold pleas between common persons (é. e., not debtors to the king, who alone originally sued and were sued there) in that court, where neith...
1901, p. 1150.) 1901, p. 1432). See Montana Coal & Coke Co. v. Livingston, 21 Mont. 59, 52 1901, p. 3418). See REFEREE.— Register of deeds. The name given in some states to the officer whose duty is to record deeds, mortgages, and other instrumen...
undertakings of a public nature by companies, unless expressly excepted by such later acts. Its purpose is declared by the preamble to be to avoid repeating provisions as to the constitution and management of the companies, and to secure greater unif...
peoples, this was the name given to a sum of money pald, as satisfaction for a wrong or personal injury, to the person harmed, or to his family if he died, by the aggressor. It was originally made by mutual agreement of the parties. but afterwards es...
The account or estimation of time by rule of law, as distinguished from any arbitrary construction of the parties. Cowell.
Lat. We have granted. A term used in conveyances, the effect of which was to create a joint covenant on the part of the grantors.
the underwriter to know, is not to be considered as such concealment. If the fact so untruly stated or porvore’y suppressed is not material, that is, if the knowledge or ignorance of it would not naturally influence the judgment of the underwriter ...