VISUS
Lat. In old English practice. View; inspection, either of a place or person. '
Category: Procedure
Found 691 results · Showing 661–690
VIVA VOOE
Lat. With the living voice; by word of mouth. As applied to the examination of witnesses, this phrase is equivalent to “orally.” It is used in contradistinction to evidence on affidavits or depositions. As descriptive of a species of voting, it s...
VOCATIO IN JUS
Lat. A summoning to court. In the earlier practice of the Roman law, (under the legis actiones,) the creditor orally called upon his debtor to go with him before the prietor for the purpose of determining their controversy, saying, “Jn jus camus; i...
VOIR DIRE
L. Fr. To speak the truth. This phrase denotes the preliminary examination which the court may make of one presented as a witness or juror. where his competency, interest, etc., is objected to.
VOLUMUS
Lat. We will; it is our will. The first word of a clause in the royal writs of protection and letters patent. Cowell.
VULGARIS PURGATIO
Lat. In old Wnglish law. Common purgation; a name given to the trial by ordeal, to distinguish it from the canonical purgation, which was by the oath of the party. 4 Bl. Comm. 342.
Wal. Jr
(or Wall. Jr.). Wallace's (J. W.) United States Circuit Court Reports.
Walker v. Physick, 5 Pa
203; Moore's Appeal, 88 Pa. 453, 82 Am. Rep. 469; Blood v. Crew Livick Co., 171 Pa. 328, 33 Atl. $44; Lavelle v. Gordon, 15 Mont. 515, 39
Wall. Sen
(cr Wal. Sr.). Wallace's (J. B.) United States Circuit Court Reports.
Ward Bank, 33 Misc. Rep
128, 67 N. ¥. Supp. 800.—Affirmative preguant. In pleading. An affirmative allegation implying some nega-
Wash
147, 29 Pac. 995. Compare Herring v. 14, 50 Pac. 578; Bohon y. Barrett, 79 Ky. 378; Aldrich vy. Aldrich, 172 Mass. 101, 51 N. E. 449.—Precatory words. Words of entreaty, request, desire, wish, or recommendation, employed in wills, as distinguished...
Washington, 10 Fed. Cas
288.—Merchant appraisers. Where the appraisement of an invoice of imported goods made by the revenue officers at the custom house is not satisfactory to the importer, persons may be selected (under this name) to make a definitive valuation; they mu...
WASTE-BOOK
ant who has committed waste of the premises. There were anciently several forms of this writ, adapted to the particular circumstances,
Webb. Webb’s Reports, vols
6-20 Kansas ;—Webb’s Reports, vols. 11-20 Texas Civil Appeals.
Weston, 39 Me
492; Appeal of Andress, 99
Whitley —Political office
ivil offices are usually divided into three classes,—political, judicial, and ministerial. Political offices are such as are not immediately connected with the administration of poster: or with the execution of the mandatés of a superior, such as ...
Wightman v. Karsner, 20 Ala
451.—Special term. In New York practice, that branch of the court which is held by a single judge for hearing and deciding in the first instance moone and causes of equitable nature is called the
WIIs ET MODIS
Lat. In the ecclesiastical courts, service of a decree or citation viis et modis, 4. e., by all “‘ways and means” likely to affect the party with knowledge of its contents, {s equivalent to substituted service in the temporal courts, and is opp...
Wills, Circ. Ev
7. A certainty that convinces and directs the understanding and satisfies the reason and judgment of those who are bound to act conscientiously upon it. State y. Orr, 64 Mo. 339; Bradley v. State, 31 Ind. 492;
Willson, 28 Minn
52, 9 N. W. 28—False ju ent. In old. English law. A. writ which lay when a false judgment had been pronounced in a court not of record, as a county court, court-baron, ete. Fitzh. Nat. Brev. 17,18 In old French law. The defeated party
Winstead (D. C.) 12 Fed
51; Young v. Mc Pherson, 8 N. J. Law, 807. Judgment of hs peere. A trial by a jury of twelve men according to the course of the common law.
Winter. Dig
48, 20, 4, 34. Written, in some of the old books, “yems.” fFleta, lib. 2, c 73, §§ 16, 18. A
WORK-BEAST, or WORKE-HORSE
These terms mean an animal of the horse kind, which can be rendered fit for service, as well as one of maturer age and in actual use. Winfrey v. Zimmerman, 8 Bush (Ky.) 587.
Works (C. C.) 18 Fed
864. An appearance may also be either compulsory or voluntary, the former where it is compelled by process served on the party, the latter where it is entered by his own will or consent, without the service of
WRIT DE BONO ET MALO. See Dr
Bono ET MALO; ABSIZE.
WRIT DE RATIONABILI PARTE
BONORUM. A writ which lay for a widow, against the executor of her deceased husband, to compel the executor to set off to her a third part of the decedent’s personalty, after payment of his debts. Fitzh. Nat.
WRIT OF
SUMMONS. The writ by
WRIT OF : ENTRY
conspired to injure the. plaintiff, under the same circumstances which would now give him an action on the case. .
WRIT OF FALSE JUDGMENT. A
writ which appears to be still in use to bring appeals to the English high court from inferior courts not of record proceeding accord-
Y. 518, 26 N. B. 622
Of judicial discretion. This term, commonly employed to justify an interference by a higher court with the exercise of discretionary power by a lower court, implies not merely error of judgment, but perversity of will, passion, prejudice, partiality,...