NON INTROMITTANT CLAUSE
against the prohibition. A plea to an action founded on a writ of estrepement for waste.
Category: Procedure
Found 691 results · Showing 421–450
NON LIQUET
Lat. It is not clear. In the Roman courts, when any of the judges, after the hearing of a cause, were not satisfied that the case was made clear enough for them to pronounce a verdict, they were privileged to signify this opinion by casting a ballot ...
NON PONENDIS IN ASSISIS ET
JURATIS. <A writ formerly granted for freeing and discharging persons from serving on assizes and juries. Fitzh. Nat. Brev. 165.
NON-BAILABLE
bail; not requiring bail.
NON-RESIDENTIO PRO COLERICO
REGIS. A writ, addressed to a bishop, charging him not to molest a clerk employed in the royal service, by reason of his nonresidence; in which case he is to be discharged. Reg. Orig. 58.
NONSUIT
contendere,” (q. v.,) and sometimes abbreviated “non vult.” his case is put out of court by some adverse ruling which precludes a recovery. Boyce v.
NOTICE
derstood an informal minute or memorandum made on the spot. See Clason vy. Bailey, 14 by direct information, either written or oral, from those who are cognizant of the fact_communicated. Baltimore v. Whittington, 78 Md. 231, 27 Atl. 984. Implied no...
NOTITIA
Lat. Knowledge; tnformation; intelligence; notice.
NOVELLZ LEONIS
of Edward III. It consists principally of declarations, as the titie imports; but there are sometimes pleas and subsequent pleadings. The Articuli ad Novas Narrationes is usually subjoined to this little book, and-is a small treatise on the method of...
NOVITER PERVENTA, or NOVITER
AD NOTITIAM PERVENTA. In ecclesiastical procedure. Facts “newly come” to the knowledge of a party to a cause. Leave to plead facts noviter perventa is generally given, in a proper case, even after the pleadings are closed. Yhillim. Ece. Law, 1257...
NUNOUPARE
Lat. In the civil law. To name; to pronounce orally or in words without writing.
O,B.8
Old Bailey’s Sessions Papers.
O’EST ASCAVOIR
L. Fr. That is to say, or to-wit. Generally written as one word, cestascavoir, cestascavoire.
OAPITA
him upon his false plea, and the jury were troubled with the trial of it. Cro. Jac. 64.
OBLITERATION
eut of written words.
OCOMMENDATORY LETTERS. In ec
clesiastical law. Such as are written by one bishop to another on behalf of any of the clergy, or others of his diocese traveling thither, that they may be received amoung the faithful, or that the clerk may be promoted, or necessaries administered t...
OCOUNTEZ
lL. Fr. Count, or reckon. In old practice. A direction formerly given by the clerk of a court to the crier, after a jury was sworn, to number them; and which Blackstone says was given in his time, in good English, “count these.” 4 Bl. Comm. 340, ...
OERTA DEBET ESSE INTENTIO
quse deducitur in judicium. The design and narration ought to be certain, and: the foundation certain, and the matter certain, which is brought into court to be tried. Co.
OFFICIARIIS NON FACIENDIS VEL
AMOVENDIS. A writ addressed to the magistrates of a corporation, requiring them not to make such a man an Officer, or to put one out of the office he has, until inquiry is made of his manners, etc. Reg. Orig. 126.
Ohit
(or Chitt.). Chitty’s English Bail Court Reports. .
Ole
(or Olc. Adm.). Olcott's United States District Court, Admiralty.
Oo. Litt
106. Serjeanty is the same as service.
OOLLYBISTA
one of them shall commit, or appear to have committed, or be represented in court as having committed, acts constituting a cause of divorce, for the purpose of enabling the other to obtain a divorce. Civil Code Cal. § 114. But it also means connivan...
OONSTRUCTION
a given instrument is a will, and yet the court of construction may decide that it has no operation, by reason of perpetuities, illegality, uncertainty, etc. Wharton.—Egquitable construction. A construction of a law, rule, or remedy which has regar...
OOURT
chancellor, apply the rules and principles of chancery law, and follow the procedure in equity; the latter, such as have no equitable powers, but administer justice according to the rules and practice of the common law.
OPE OCONSILIO
Lat. By aid and counsel. A civil law term applied to accessaries, similar in import to the “aiding and abetting” .of the common law. Often written “ope e# consilio.” Burrill.
OPENING
OPENING. In American practice. The beginning: the commencement; the drst address of the counsel.
OPINION
1. In the law of evidence, Opinion is an inference or conclusion drawn by a witness from facts some of which are known to him and others assumed, or drawn from facts which, though lending probability to the inference, d6 not evolve it by a process of...
Oranch O. 0
(or ‘D. 6... " Cranch’s 'U. 8. Circuit Court Reports, District of Columbia.
ORDER
ORATRIX. <A female petitioner; a female plaintiff in a bill in chancery was formerly so called. included in a judgment, is denominated an “order.” An application for an order is 2% motion. Code Civ. Proc. Cal. § 1008; Code N. Y. § 400.