MEMORITER
Lat. From memory; by or from recollection. Thus, memoriter proof of a written instrument is such as is furnished by the recollection of a witness who had seen and known it.
Category: Procedure
Found 691 results · Showing 391–420
MENT IN REM, JUDGMENT IN PERSONAM
Judgments are either final or interlocu-
METTESHEP, or METTENSCHEP. In
old records. An acknowledgment paid in a certain measure of corn; or a fine or penalty imposed on tenants for default in not doing their customary service in cutting the lord’s corn.
Miehle Printing ss Co., 102 Fed
159, 42 Cc. C. A. 235.—Mechanical process. See
MIER
GRAND DAYS. In English practice. Certain days in the terms, which are solemnly kept in the inns of court and chancery, viz., Candlemas day in Hilary term, Ascension day in Easter, St. John the Baptist’s day in Trinity, and All Saints in Michaelmas;...
MISJOINDER. See JOINDER
MISKENNING. In: Saxon and old English law. An unjust or irregular summoning to court; to speak. unsteadily in court; to vary in one’s plea. Cowell; Blount; Spelman.
Mister. Mister’s Reports, vols
17-32 Missouri Appeals.
MITTENDO MANUSCRIPTUM PEDIS
EFINIS. An abolished judicial writ addressed to the treasurer and chamberlain of the . exchequer to search for and transmit the foot of a fine acknowledged before justices in eyre into the common pleas. Reg. Orig. 14.
MITTER AVANT
L. Fr. In old prac tice. To put before; to present before a court; to produce in court.
Mo. App
55; Rogers v. Spokane, 9 Wash. 168, 37 Pac. 300; Ifeavenrich v. aac 57 115, 78 S. W. 291; Hogan v. Stophlet, 179 Ill. 150, 53 N. EB. 604, 44 L. R. A. 809. 57. Constructive contempts were formerly called “consequential,” and this term is still i...
MoL
(or MoLean). l McLean’s United States Circuit Court Reports.
MONSTRAVERUNT, WRIT OF. In
English law. A writ which lies for the tenants of ancient demesne who hold by free charter, and not for those tenants who hold by copy of court roll, or by the rod, according to the custom of the manor. Fitzh. Nat.
Moon. Moon's Reports, vols
138-144 Ine diana and vols. 6-14 Indiana Appeals.
MORE OCOLONICO
Lat. In old pleading. In husband-like manner. Townsh. PL 198.
MORS DICITUR
ene who demurs, because the party does. not proceed in pleading, but rests or abides upon the judgment of the court on a certain point, as to the legal sufficiency of his opponent's pleading. The court deliberate and determine thereupon.
MOVE
1. To make an application to a court for a rule or order.
Moveover
a usage is local in all cases, and must be proved; whereas, a custom is frequent] general, and as such is noticed without proof. “Usage,” in French law, is the “ueus” of Roman law, and corresponds very nearly to the tenancy at will or on suff...
Mozley & Whitley.—Surveyor
of the port: A revenue officer of the United States appointed for each of the principal ports of entry, whose duties chiefly concern the importations at his station and the determination of their qmoune and valuation. Rev. St. U. 8. § 2627 . Comp. S...
N. M. 611, 30 Pac
901.—Technical error. In appellate practice. A merely abstract or theoretical error, which is practically not injurious to the party assigning it. Epps v. State,,
N.W.T
(or N. W. T. Rep.). Territories Reports, Canada. N.Y. New York;—New York Court of Appeals Reports. N.Y. Ann. Ca.
Nat. Bank, 10 Wall
647, 19 L. Ed. 1008; In re Brown, 4 Fed. Cas. 3A3 ; People v. Compton, 123 Cal. 403, 56 Pac. 44. 645, 19 L. Ed. 1008; Hanly v. Watterson, 89 W. Va. 214, 19 8S. B. 536; rnard v. Seminary, 49 Mich. 444, 138 N. W. 11.—Estoppel by matter of record. An...
National Bank (C. C.) 73 Fed
381; McGuire v. Van Pelt, 56 Ala. 344; Taylor v. Taylor, 87 Mich. 64, 49 N. W. 519. A special demurrer is one which excepts to the sufficiency of the pleadings on the opposite side, and shows specifically the nature of the objection, and the particul...
NE DISTUBRBA PAS
did not disturb.) In English practice. The general issue or general plea in quare tmnpedit. 8 Steph. Comm. 663.
NE VARIETUR
manding a lord not to demand from the tenant more services than were justly due by the tenure under which his ancestors held. Lat. It must not be altered. A phrase sometimes written by a notary upon a bill or note, for the purpose of
NEFASTUS
Lat. Inauspicious. Applied, in the Roman law, to a day on which it was unlawful to open the courts or administer justice. ,
NEGATIVE
ed by the act of God or a stranger. See Jacob; Mozley & Whitley. it. Brown.—Negative condition. One by which it is stipulated that a given thing shall not happen.—Negative pregnant. In pleading. negative implying also an affirmative. Cowell. Suc...
NEMINE CONTRADICENTE
Lat. No one dissenting; no one voting in the negative. A phrase used to indicate the unanimous consent of a court or legislative body to a judgment, resolution, vote, or motion.
Newb
(or Newb. Adm.). Newberry’s United States District Court, Admiralty Reports.
Newell. Newell's Reports, vols
48-90 Illinois Appeals.
NIGHT
not levy, and as to which he returned nil. These sums were transcribed once a year by the clerk of the nichills, and sent to the freasurer’s remembrancer’s office, whence process was issued to recover the “nichill’” debts. Both of these off...