ORDINANDI LEX
Lat. The law of procedure, as distinguished from the substantial part of the law.
Category: Procedure
Found 691 results · Showing 451–480
ORDINATIONE CONTRA SERVIEN
TES. A writ that lay against a servant for leaving his master contrary to the ordinance of St. 23 & 24 Edw. III. Reg. Orig. 189.
ORDO
Lat. That rule which monks were obliged to observe. Order; regular succession. An order of a court.
ORE TENUS
Lat. By word of mouth; orally. Pleading was anciently carried on ore tenus, at the bar of the court. 3 BI.
OSTENDIT VOBIS
Lat. In old pleading. Shows to you. Formal words with which a demandant began his count. Fleta, lib. 5, c. 38, § 2.
Ourt
0.0. Curtis’. United States Circuit Court Decisions.
OVERRULE
means of his own check or draft, nor can he. Overdraw his account with the bank in any, other manner. State v. Stimson, 24 N. J. Law, In another sense, “overruie” is spoken of the action of a court in refusing to sustain, or recognize as suffici...
Pa. Co. Ct
(or Pa. Co. Ct. R.). Pennsylvania County Court Reports.
PACTA CONVENTA
sworn and impaneled for the trial of a cause.
PANEL. The roll or slip of
parchment returned by the sheriff in obedience to a venire facias, containing the names of -the per- . sons whom he has summoned to attend the court as jurymen. Beasiey v. People, 89 Il. 571; People v. Coyodo, 40 Cal. 592.
PARAGRAPH 871
persons holding by a noble tenure. Thus, when a fief is divided among brothers, the younger hold their part of the elder by parage; 4. 6, without any homage or service. Also the portion which a woman may obtain on her marriage. Cowell.
PARLE HILL, or PARLING HILL. A
hill where courts were anciently held. Cow: ell.
Parsell, 100 Mich
170, 58 N. W. 889; Graham v. Muskegon County Clerk. 116 Mich. 571, 14 N. W. 729.—Consolidated orders. The orders regulating the practice of the English court of chancery, which were issued, in 1860, in substitution for the various orders which had ...
PAYS
L. Fr. And of this they put themselves upon the country. Fr. Country. Trial per pays, trial by jury, (the country.) See Pars.
Pedersen v. Eugster
14 Fed. 422.—Calendar days. See CALENDAR.—Clear days. See CLEAR.—Common day. In old English practice. An ordinary day in court. Cowell; Termes de la Ley.—Day certain. A fixed or appointed day; a specified particular day; a day in term. Regina...
PEDONES 886
2198; Bailey v. Irby, 2 Nott & McC. (8. C.) 348, 10 Am. Dec. 609.
People v. Bolanger, 71 Cal
17, 11 Pac. 800.— Feigned action. In practice. An action brought on a pretended right, when the plaintiff has no true cause of action, for some illegal purpose. In a feigned action the words of the writ are true. It differs from false action, in wh...
PER CURIAM
Lat. By the court. A phrase used in the reports to distinguish an opinion of the whole court from an opinion written by any one judge. Sometimes it deo notes an opinion written by the chief justice or presiding judge. See Clarke v. Western Assur. Co....
PERAMBULATIONE FACIENDA
WRIT DE. In English law. The name of
Perkins v. Insurance Co., 12 Mass
218; Lowell Mfg. Co. v. Safeguard F. Ins. Co., 88 N. Y. 597.—Double plea, double pleading. See DUPLICITY; -PLEA: l PLEADING.—Double a A A possibility upon a possibility.
Perry vy. Lorillard F. Ins. Co., 6 Lans
(N. Y.) 204: Com. v. Brower, 7 Pa. Dist. R. 255.— Mesne process. As distinguished from final process, this signifies any writ or process issued between the commencement of the action and the suing out of execution. It includes the writ of summons, ...
Pet. Ad
(or Pet. Adm.). Peters’ United States District Court Reports (Admiralty Decisions).
Phillips v. Spotts, 14 Neb
139, 15 N. W. 332. In the practice of the English privy council in ecclesiastical appeals, “process” means an official copy of the whole proceedings and proofs of the court below, which is transmitted to the registry of the court of appeal by the...
PIX
soverezgn and no law, and support themselves by pillage and depredations at sea; but there are instances wherein the word “pirate” has been formerly taken for a sea-captain. Spelman. and there are occasions on which resort is had for this purpos...
PLAT
PLAINT. In English practice. A private memorial tendered in open court to the judge, wherein the party injured sets forth his cause of action. <A proceeding in inferior courts by which an action ts commenced without original writ. 3 Bl. Comm. 873. Th...
PLEADING
verbal or written opinions upon statements
PLURIES
Lat. Often; ‘ ‘frequently, When an original and alius writ have been issued and proved ineffectual, a third writ, called a “pluries writ,” may: frequently: be issued. It is to the same effect as the two former, except that it contains the wor...
Pollard v. Fidelity F, Ins. Co
1 8S. D. 570, . W. 1060; Carlock v. Cagnacci, 88 Cal. 600, 26 Pac. 507.—Fictitious plaintiff. A person appearing in the writ or record as the plaintiff in a suit, but who in reality does not exist, or who is ignorant of the suit and of the use of h...
PORTEOUS
in old Scotch practice. A roll or catalogue containing the names of in-
POSTERITY
POST TERMINUM. After term, or postterm. The return of a writ not only after the day assigned for its return, but after the term also, for which a fee was due. Cowell.