PRECEDENTS SUB SILENTIO
5Silent uniform course of practice, uninterrupted though not supported by legal de cisions. See Calton v. Bragg, 15 East, 226;
Category: Procedure
Found 691 results · Showing 481–510
PRECEPT
the expression of a wish, but not a positive command or direction. ee —Precatory trust. <A trust created by cer tain words, which are more like words of entreaty and permission than of command or cer tainty. Examples of such words, which the courts...
PRESTIMONY, or PRZAESTIMONIA
In canon law. <A fund or revenue appropri-
PRETATION
DOCUMENT. An instrument on which * js recorded, by means of letters, figures, or marks, matter which may be evidentially used. In this sense the term “document” applies to writings; to words printed, lithographed, or photographed; to seals, plate...
Pri
(or Price). Price’s Exchequer Re ports. : Price Notes P. P. Price’s Notes of Points of Practice, English Hxchequer Cases. Prickett. Prickett’s Reports, Idaho. . Peid. & C. Prideaux & Cole’s English Reports, vol. 4 New Sessions Cases.
Price, 118 Ill
593, 8 N. E. 854; Probate Court v. Matthews, 6 Vt. 274; In re Karr, 2 How.
PRIMA FAOIB
Lat. At first sight; on the first appearance; on the face of it; eo far as can be judged from the first disclosure; presumably.
Probate Court v. Matthews, 6 Vt
274; Laing v. Barbour, 119 Mass. 525; Lafferty v. People’s Say. Bank, 76 Mich. 35, 43 N. W. 34.
PROBATIS EXTREMIS
to designate the proof of his claim made by a non-resident plaintiff (when the same is on book-account, promissory note, etc.) who swears to the correctness and justness of the same, and that it is due, before a notary or other officer in his own sta...
Proc. N. Y. 1899, § 2514, subd
9.—Intermediate order. In code practice. An order made between the commencement of an action and the
PROCESSUM OCONTINUANDO. In
English practice. A writ for the continuance of process after the death of the chief justice or other justices in the commission of oyer and terminer. Reg. Orig. 128.
PROHIBITIO DE VASTO, DIRECTA
PARTI, ‘A judicial writ which used to be addressed to a tenant, prohibiting him from waste, pending suit. Reg. Jud. 21; Moore, 917.
PRZNOMEN
Lat. Forename, or first mame. The first of the three names by which the Romans were commonly distinguished. It marked the individual, and was commonly written with one letter; as “A.” for “Au-
PTOMAINES
In ecclesiastical law. <A person who is appointed to manage another man’s affairs in the ecclesiastical courts; a proctor.
QUANDO ACCIDERINT
Lat... When they shall come in. The name ofa judgment sometimes given against an executor, - especially on a plea of plene administrarit,
QUARE NON PERMITTIT. An an
cient writ, which lay for one who had a right to present to a church for a turn against the proprietary. Flieta, 1. 5, c 6
QUERELA
Lat. An action preferred in any court of justice. The plaintiff was called “querens,’ or complainant and his brief, complaint, or declaration was called “querela.” Jacob.
QUIA DATUM EST NOBIS IFTELLI
GI. Because it is given to us to understand Formal words in old writs,
QUIA ERRONICE EMANAVIT. Be
cause it issued erroneously, or through mistake. A term in old English practice. Yel. 83.
QUONIAM ATTACHIAMENTA
(Since the attachments.) One of the oldest books in the Scotch law. So called from the two first words of the volume. Jacob; Whishaw.
QUZRENS NON INVENIT PLEGIUM
L, Lat. The plaintiff did not find a pledge. A return formerly made by a sheriff to a writ requiring him to take security of the plaintiff to prosecute his- claim. Cowell,
R. I. 134, 42 Atl
515, 44 L. R. A. 278. —Moot court. A court held for the arguing of moot cases or questions.—Moot hall. The place where moot cases were argued. Also a eouncil-chamber, hall of judgment, or town-hall.
Railroad Co., 99 Md
413, 58 Atl. 439. . In Scotch law. “Letters of open doors” are process which empowers the messenger, or officer of the law, to break open doors of houses or rooms in which the debtor has placed his aoe Bell.—Open fields, or meadows. In English ...
Railway Co., 61 Minn
423, 63 N. W. 1088. But this use ig not correct, as it is not the ver dict which creates an estoppel, but the judgment, and it is immaterial whether a jury participated in the trial or not.
Ram Leg. Judgm
(Towns. Ed.). Ram’s Science of Legal Judgment, Notes by Townshend.
RATIONABILI PARTE BONORUM
A writ that lay for the wife against the executors of her husband, to have the third part of his goods after his just debts and funeral expenses had been paid. Fitzh. Nat.
RAZE
RATIONALIBUS DIVISIS. An abolished writ which lay where two lords, in divers towns, had seigniories adjoining, for him who found his waste by little and little to have been encroached upon, against the other, who had encroached, thereby to rectify th...
RECORDARI FAOCIAS LOQUELAM
In English practice. A writ by which a enit or plaint in replevin may be removed from 2 county court to one of the courts of Westminster Hall. 3 Bl. Comm. 149; 3 Steph. Pk 522, 666. So termed from the emphatic words of the old writ, by which the sher...
RECORDER, v
L. Fr. In Norman law. - To recite or testify on recollection what had previously. passed in court. This was the duty of the judges and other principal persons who presided at the placitum; thence called “recordeurs.” Steph. Pl., Append. note 11.
Redf. Sur
(N. Y.). Redfleld’s New York Surrogate Court Reports.