Found 663 results · Showing 91–120
125, 51 N. E. 664, 64 L. R. A. 366.~Traverse jury. A petit jury; a trial jury; a jury impaneled to try an action or rosecution, as distinguished from a grand ury. Traverse of indictment or presentment. The taking issue upon and contradicting or denyi...
(Fr. cour de cassation.) The highest court in France; so termed from possessing the power to quash (casser) the decrees of inferior courts. It is a court of appeal in criminal as well as civil
(That the bill be quashed.) In practice. The form of the judgment rendered for a defendant on a plea in abatement, where the proceeding is by dill; that is, where the suit is commenced by capias, and not by. original writ. 2 Archb. Pr. K. B. 4.
(Lat. That the bill be quashed.) In practice. The form of the judgment for the defendant on a plea in abatement, where the action was commenced by bill, (déila.) 8 Bl. Comm. 303; Steph. PI. 128, 131. The form of an entry made by a plaintiff on the r...
(lat. That the writ be quashed.) In practice. The form of the judgment for the defendant on a plea in abatement, where the action was commenced by original writ, (dreve.) 38 Bl. Comm. 808;
530, 75 N. W. 67; In re Emslie (D. C.) 98 Fed. 720; Id., 102 Fed. 298, 42 ©. C. A. 350; Mack v. Campau, 60 ¥t. 558, 38 Atl. 149, 69 Am. St. Rep. 948. aid. Qrtagrss proceeding. This phrase has been used in the New York and other codes of procedure a...
In practice. A suit, litigation, or action. Any question, civil or criminal, contested before a court of justice.
The formal act by which a man and woman take each other for husband and wife, according to law; the solemnization of a marriage. The term is usually applied to a marriage ceremony attended with ecclesiastical functions. See Pearson v. Howey, 11 N. J....
128 Arbitrators are judges. 205; Broom, Max. 50. 205. Indictment for felony is against the peace of our lord the king, his crown and dignity in general, and nat against his individual person; because in England there is no interregnum: pp. 80, 81,...
English court, having jurisdiction for the trial of crimes and misdemeanors committed in London and certain adjoining parts of Kent, Essex, and Sussex, and of such other criminal cases as may be sent to it out of the king's bench, though arising beyo...
forms: Ceps corpus, I have taken the body, i. e., arrested the body of the defendant; Cept corpus et bail, I have taken the body and released the defendant on a bail-bond; Cepé corpus et committstur, I have taken the body and he has been committed (...
1070.—Special allowances. In English practice. In taxing the costs of an action as between party and party, the taxing officer is, in certain cases, empowered to make special allowances; 4. e.. to allow the party costs which the ordinary scale does...
(or Chand. Crim. Tr.). Chandler’s American Criminal Trials.
675; epee ton v. Schmidt, 26 Cal. 404, 95 Am. Dec. 187 —Inferential facts. Such as are established not directly by testimony or other evidence, but by inferences or conclusions drawn from the evidence. Railway Co. vy. Miller, 141 Ind. 533, o7 N. EB...
CHAUNTRY RENTS. Money paid to the crown by the servants or purchasers of chauntry-lands. See CHANTRY. much money in the hands of the bankers to the holder of the check. to remain there until called for, and cannot after notice be withdrawn by the dr...
(N. Y.) $33. Foreign laws are often the suggesting occasions of changes in, or additions to. our own laws, and in that respect are called ‘jus receptue.” Brown.—General law. A general law as copntradistinguished from one that is special or loca...
families. It is now grown entirely out of use, on account of the feebleness of its jurisdiction and want of power to enforce its judgments, as it could neither fine nor imprison, not being a court of record. 3 Bl.
(Pa.) 131.—Trespass quare clausum fregit. “Trespass wherefore he broke the close.” The commonlaw action for damages for an unlawful entry or trespass upon the plaintiff's land. In the Latin form of the writ, the defendant was call-- ed upon to ...
Common-law definitions. The willful killing of any subject whatever, with malice aforethought, whether the person slain shall be an
436, 59 S. W. 284. 436, 59 S. W. 284; Morrill v. Palmer. 68 Vt. 1, 33 Atl. 829, 83 L. R. A. 411.— Common-law mortgage. One possessing the characteristics or fulfilling the requirements of a mortgage at common law; not known in Louisiana, where the...
arts. 2798, 2794. art. 2601. art. 3045, et seq. art. 2839.—Secret partnership. One where the existence of certain persons .as partners is not avowed to the public by any of the partners. Deering v. Flanders, 49 N. H. 225.—-Special partnership....
posed to criminal responsibility, or liability to be proceeded against in a criminal tribunal.
16; Cod. 1, 55. 4. He had the powers of a judge. with jurisdiction of pecuniary causes to a limited amount, and the lighter species of offenses. Cod. 1, 55, 1: Nov. 15, c. 3, §. 2; Id. c. 6, § 1: He had also the ware of the public records, and powe...
MERCATORUM. A writ for the delivery of a clerk out of prison, who was taken and incarcerated wpon the breach of a statute merchant. Reg. Orig. 147.
53 Atl. 1086. 67 L. R. A. People v. Hyatt, 172 N. Y. 176, 64 N. EB. . 60 L. R. A. 774, 92 Am. St. Rep. 706. —Fugitive offenders. In English law. Where a person accused of any offense punishable by imprisonment, with hard labor for twelve months or ...
18646, 2290, 365c; Wing. Max. 752, max. 2038. A maxim applied to the practice of the courts, to the ancient and established forms of pleading and conveyancing, and to professional usage generally. Id. 752-755. Lord Coke applies it to common professio...
Lat. Capable of committing crime, or capable of criminal intent. The phrase describes the condition of one who has sufficient intelligence and comprehension to be held criminally responsible for his deeds.
330, 15 Am. Rep. 752. A licentious act by one man towards the person of another, without regard to his rights; as, for example, if a man should attempt to pull off another's hat against his will, in order to expose him to ridicule, the offense would ...
COCKET. In English law. A seal belonging to the custom-house, or rather a scroll of parchment, sealed and delivered by the officers of the custom-house to merchants, as a warrant that their merchandises are entered; likewise a sort of measure. Fleta,...
1895, § 3469.—Judicial separation. A separation of man and wife by decree of court, less complete than an absolute divorce: otherwise called a “limited divorce.” —Judicial statistics. In English law. Statistics, puplsnee by authority, of the...