A CONSILIIS
(Lat. consilium, advice.) Of counsel; a counsellor. The term is used in the civil law by some writers instead of a responsis. Spelman, “Apocrisarius.”
Category: Procedure
Found 691 results · Showing 1–30
A QUO; A QUA
From which. The judge or court from which a cause has been brought by error or appeal, or has otherwise been removed, is termed the judge or court A quo; Aqua. Abbott.
A TEMPORE
when there were grades in the remedies given; the rule being that a party who brought a writ of right, which was the highest writ in the law, could not afterwards resort or descend to an inferior remedy.
Abb. Dec
(N. Y.) 214; Green’s Appeal, 42 Pa. 25.
Abb. Pr
(or Prae.). Abbott’s New York Practice Reports. :
ABOVE CITED
Gie-action, or special bail,.is otherwise térmed bail above. 3 Bl. Comm. 291. See BE- Low.
ABSCONDING DEBTOR. One
who. ‘absconds from his creditors. An absconding debtor is one who lives without the state,. or who hag intentionally concealed himeelf from his creditors, or withdrawn himself from the reach of their suits, with intent to frustrate their just dema...
ACCEPTARE
Lat. Im old pleading.
ACCOUNTANT GENERAL, or AC
COMPTANT GENERAL. An officer of the court of chancery, appointed by act of
ACOIDERE
lat. To fall; fall in; come to hand; happen. Judgment is sometimes given against an executor or administrator to he satisfied out of assets quando acotderint ; c. e., when they shall come to hand.
ACOOUNT, or ACCOUNT RENDER
In practice. “Account,” sometimes called “account render,” was a form of action at common law against a person who by reason of some fiduciary relation (as guardian, bailiff, receiver, etc.) was bound to render an account to another, but refu...
ACTA DIURNA
Lat. In the Roman law. Daily acts; the public registers or journals of the daily proceedings of the senate, assemblies of the people, courts of justice, etc. Supposed to have resembled a modern newspaper. Brande.
AD ADMITTENDUM CLERICUM
For the admitting of the clerk. A writ in the nature of an execution, commanding. the bishop to admit his clerk, upon the success -of the latter in a quare tmpcdit. ;
AD OURIAM. Ata court
1 Salk. 195. To court. Ad curiam vocare, to summon to court.
AD QUOD . ' 39
whether it will be a prejudice to grant them, and to whom it will be prejudicial, and what prejudice will come thereby. There is also another writ of ad quod damnum, if any one will turn a common highway and lay out another way as beneficial. Termes ...
AD QUOD CURIA CONCORDAVIT
To which the court agreed. Yearb. P. 20
AD QUOD DAMNUM
AD MELIUS INQUIRENDUM. A writ directed to a coroner commanding him to hold a second inquest. See 45 Law J. Q B. 711.
AD QUOD NON FUIT RESPONSUM
To which there was no answer. A phrase used in the reports, where a point advanced in argument by one party was not denied by the other; or where a point or argument of counsel was not met or noticed by the court: or where an objection was met by the...
AD VENTREM INSPICIENDUM. To
inspect the womb. A writ for the summoning of a jury of matrons to determine the question of pregnancy.
Adams, 24 Conn
39; Appeal of Huntington, 73
Addis
(or Add. Pa.). Addison’s (Pennsylvania County Court) Reports.
ADIEU
L. Fr. Without day. A common term in the Year Books, implying final dismissal from court.
ADJACENT
ADJOURN. To put off; defer; postpone. To postpone action of a convened court or body until another time specified, or indefinitely, the latter being usually called to adjourn sine die. Bispham v. Tucker, 2 N. J. Law, 253.
ADVISARE, ADVISARI
tIat. To consult, deliberate, consider, advise; to be advised. Occurring in the phrase curia advtsari vult, (usually abbreviated cur. adv. vult, or C. A. V.,) the court wishes to be advised, or to consider of the matter.
ADVOCATIONE DECIMARUM. A
writ which lay for tithes, demanding the fourth part or upwards, that belonged to any church.
AFFIRMANCE
arising from marriage which is neither consaninity nor affinity. Chinn v. State, 47 Ohio t. 575, 26 N. E. 11 L. R. A. 680. pellate court of a Judgment, order, or decree of a lower court brought before it for review. See AFFIRM.
AFFIRMANCE DAY GENERAL. In
the English court of exchequer, is a day appointed by the judges of the common pleas, and barons of the exchequer, to be held a few days after the beginning of every term for the general affirmance or reversal of judgments. 2 Tidd, Pr. 1091.
AGENT
incapacity for reproduction, existing in elther sex, and whether arising from structural or other causes. solicitors in ordinary courts, are technically called “agents.” Macph. Priv. Coun. 65.
ALER :-A DIEU
L. F*®. tice. To be dismissed from court; quit. Literally, “to go to God.”
ALIAS
pleading or other paper indicates that the same person is known by both those names. A fictltious name assumed by a person is colloquially termed an “alias.” Ferguson y. State, 134