Found 691 results · Showing 601–630
PRESUMPTION. An inference affirmative or disaffirmative of the truth or falsehood of any proposition or fact drawn by.a process of probable reasoning in the absence of actual certainty of its truth or falsehood, or until such certainty can be ascerta...
Lat. In practice. A writ ordering the suspension or superseding of another writ previously issued. It directs the officer to whom it is issued to refrain from executing or acting under another writ which is in his hands or may come to him.
304a. Hence a departure obviously can never take place till the replication. Steph. Pl. 410. Each subsequent pleading must pursue or support the former one; #4. 6, the replication must support the declaration, and the rejoinder the plea, without depa...
the court of ordinary, court of. probate, etc., relating to matters of probate, etc. Kent, -Comm. 409, note 6. And see Robinson v. Fair, 128 U. S. 53, 9 Sup. Ct. 30. 32 L. Ed. 415;
Lat. A _ surrender. SURVEY. The process by which a par-
Certain officers in the English court of chancery, whose duties were to keep the records, make copies of pleadings, etc. Their offices
Lat. In Roman law. A tabfet. Used in voting, and in giving the verdict of juries; and, when written upon, commonly translated “ballot.” The laws which introduced and regulated the mode of voting by ballot were called “leges tabellarie.” Calvi...
Lat. In the civil law. A table or tablet; a thin sheet of wood, which, when covered with wax, was used for writing.
Lat. In Roman law. Tables. Writings of any kind used as evidences of a transaction. Brissonius.
many of the by-standers. The emphatic words of the old writ awarded to the sheriff to make up a deficiency of jurors out of the persons present in court. 8 Bl. Comm. 365.
pleading the judgment of an inferior court, the proceedings preliminary to such judgment, and on which the same was founded, must, to some extent, appear in the pleading, but the rule is that they may be alleged with a general allegation that “such...
(Mass.) 235; Kennedy vy. People, 1 Cow. Cr, Rep. (N..¥.) 119.—AHas writ. An alas writ is a second writ issued in the same cause, where a former writ of the same kind had been issued without effect In such case, the language of the second writ is, ...
(or Taney). Taney’s United States Circuit Court Reports.
Lat. In practice. The name of a return made by the sheriff to a writ, when it came into his hands too late .to be executed before the return-day.
TAXING OFFICER. Each house of par- Niament has a taxing officer, whose duty it is to tax the costs incurred by the promoters or opponents of private bills. May, Parl.
TELEGRAPHIZ. A word occasionally ueed in old English law to describe ancient documents or written evidence of things past. Blount.
“Tenor,” in pleading a written instrument, imports that the very words are set out. “Purport” does not import this, but is equivalent only to “substance.” Com. v. Wright, 1 Cush. (Mass.) 65; Dana v. State, 2 Ohio St. 93; State v. Bonney, ...
Lat. A witness; one who gives evidence in court, or who witnesses a document.
special case, appeal, or other proceeding involving a question of law. consizts of the speeches of the opposed counsel; namely, the “opening” of the counsel having the right to begin, (q. v..) the speech of his opponent, and the “reply’’ of...
v.) The foreign writers distinguish ‘innavigability” from “shipwreck.” 3 Kent, Comm. 823, and note. The term is also applied to the condition of streams which are not large enough or deep enough, or are otherwise unsuited, for navigation.
3 Low. Can. 421.—Legal defense. (1) A defense which is complete and adequate in point of law. (2) A defense which may be set up in a court of law; as distinguished from an “‘equitable defense.” which is cognizable only in a court of equity or...
YORK. The oldest court in the state of
imitated. or forged; especially a forged writing. A forged signature is frequently said to be “a forgery.”
is also frequently used in the law {in its sense of communicated knowledge, and atfidavits are frequently made, and pleadings and other documents verified, on. “information and belief.”
(or Tiffany). Tiffany's Reports, vols, 28-39 New York Court of Appeals.
LENDER. He from whom a thing is borrowed. The bailor of an article loaned.
Lat. In Roman law. Advocates; so called under the empire because they were required, when appearing in court to plead a cause, to wear the toga, which had then ceased to be the customary dress in Rome. Vicat.
ESTOPPEL. A bar or impediment raised by the law, which precludes a man from alleging or from denying a certain fact or state of facts, In consequence of his previous allegation or denial or conduct or admission, or in consequence of a final adjudicat...
214. —Judicial discretion, legal discretion. These terms are applied to the discretionary action of a judge or court, and mean discretion as above defined, that is, discretion bounded by the rules and principles of law, and not arbitrary, capriciou...
285, 29 Atl. 1077. “Spoliation” is the erasure or alteration of a writing by. a stranger, and may amount to a cancellation if of such a nature ‘as to in-. validate it on its face; but defacement of an