NON-SUMMONS, WAGER OF LAW
OF. The mode in which a tenant or defendant in a real action pleaded, when the summons which followed the original was not served within the proper time.
Category: Criminal Law
Found 663 results · Showing 421–450
NOT GUILTY BY STATUTE. In Eng
lish practice. A plea of the general issue by a defendant in a civil ‘action, when he intends to give special matter in evidence by virtue of some act or acts of parliament, in which case he must add the reference to such act or acts, and state whe...
NOTIO
the judge certifies that the refusal to admit was reasonable. No costs of proving a document will in general be allowed, unless such a notice is given. Rules of Court, xxxii. 2; Sweet.—Mow tice to plead. This is a notice which, in the practice of s...
NOTITIA , 833
fact; the power or authority of 2° judez; the power of hearing causes and of pronouncing sentence, without any degree of jurisdiction. Calvin-
NOVUS HOMO
Lat. A new man. This term is applied to a man who has been pardoned of a crime, and so made, as it were, a “new man.”
NOXA
Lat. In the civil law. This term denoted any damage or injury done to persons or property by an unlawful act committed by a man’s slave or animal. An action for damages lay against the master er owner, who, however, might escape further responsibil...
NOXALIS AOTIO
Lat. In the civil law. An action which lay against the master of a slave, for some offense (as theft or robbery) committed .or damage or injury done by the slave, which was called “nora.” Usually translated “noxal action.”
NOXIA
Lat. In the civil law. An offense committed or damage done by 2 slave. Inst. 4, 8, 1.
NULLUS DICITUR FELO
to an action of debt upon an obligation for the performance of an award, by which the defendant denies that he submitted to arbitration, ete. Bac. Abr. “Arbdétir.” ete, G.
NUNQUAM INDEBITATUS
Lat. Never indebted. The name of a plea in an action of indebltatue assumpsatt, by which the defendant alleges that he is not indebted to the plaintiff.
Oakes v. Munroe, 8 Cush
(Mass.) 287.—Pere sonal notice. Communication of notice orally or in writing (according to the circumstances) directly to the person affected or to be charged, as distinguished from constructive or implied notice, and also from notice imputed to hi...
OARE
OARCER. A prison or gaol. Strictly, a place of detention and safe-keeping, and not of punishment. Co. Litt. 620.
OASE
tion or enforcement of rights, or the prevention, redress, or punishment of wrongs; and whenever the claim or contention of a party takes such a form that the ace power is capable of acting uyen it, it has become a case or controversy. nterstate Comm...
OATH °°
oath. One taken In some judicial proceedin or in relation to some matter connected wi judicial proceedings—Oath against bribery. One which could have been administered to a voter at an election for members of parliament. Abolished in 1854. Wharton....
OB CONTINENTIAM DELIOTI
account of contiguity to the offense, 4. c., being contaminated by conjunction with something illegal. For example, the cargo of a vessel, though not contraband. or unlawful, may be condemned in admiralty, niong with the vessel, when the vessel has b...
OFFENSE
21 Am. ‘Dec. 316; Nichols v.‘Pinner, 18 N. ¥. 295, 300. and. operated by. an tnintermittent force, no matter how long a time it may occupy. People v. Sullivan, 9 Utah, 195, 33 Pac. 701.— Quasi offense. One which is imputed to the person who i...
Okl
757, 54 Pac. 974; Poe v. Howell (N. M.) 67 Pac. 62; Chamberlain v. Walter, 60 Fed. 792; State v. Karr, 64 Neb. 514, 90 N. W. 298. 424, 63 Pac. 969; Lawler v. McPheeters, 73 Ind. 579. —Peremptory instruction. given by a court to a jury which the ia...
OMNIA PRASUMUNTUR
self the accessory. Parsons v. Welles, 17
ON. Y. 368
IMPLEADED. Sued or prosecuted; used particularly in the titles of causes where there are several defendants ; as “A. B., impleaded with ©. D.”
One who is in some way concerned im
the commission of a crime, though not as a principal; and this includes all persons who have been concerned in its commission, whether they are considered, in strict legal propriety, as principals in the first or second degree, or merely as accesspri...
OOMES AND DEFENDS
COMES AND DEFENDS. This phrase, anciently used in the language of pleading, and still surviving in some jurisdictions, oc curs at the commencement of a defendant's plea or demurrer; and of its two verbs the former signifies that he appears in court, ...
Ottawa County v. Nelson, 19 Kan
239.—Equal degree. Persons are said to be related to a decedent “in equal degree” when they are all removed by an equal number of ates or de rees from the common ancestor. idler v. iggins, 21 N. J. Eq. 162; Helmes v. Elliott, 89 Tenn. 446, 14 S...
OVERCYTED, or OVERCYHSED
Proved guilty or convicted. Blount.
Pac
1054. 777: St. Touts. etc., R. Co. v. Barnett, 65 Ark. 255, 45 S. W. 550; Aurora Branch R. 345.—Anoillary bill or suit. One growing out of and auxiliary to another action or suit, either at law or in equity. such as a bill for discovery, or a pro...
Paine vy. Ely, N. Chip
(Vt) 24—Judicial process. In a wide sense, this term may include al] the acts of a court from the be ginning to the end of its proceedings in a given cause; but more specifically it means the writ, summons. mandate, or other process which is used t...
PAINS AND PENALTIES, BILLS OF
The name given to acts of parliament.to attaint particular persons of treason or felony, or to infiict pains and penalties beyond or contrary to the common law, to serve a special purpose. They are iu fact new laws, made pro re nata.
PARATUM HABEO
Lat. I have him in readiness. The return by the sheriff to a capias ad respondendum, signifying that he has the defendant in readiness to be brought into court.
Parker, Or. Oas
(N. Y.). Parker’s New York Criminal Reports.
PARQUET. In French law
1. The magistrates who are charged with the conduct of proceedings in criminal cases and misdemeanors.
PARRICIDIUM
at Oxford, 41 Hen. III., so styled from the madress of their proceedings, and because the lords came with armed men to it, and contentions grew very high between the king, lo and commons, whereby many extraordinary things were done. Jacob.Parliamentu...