ERRATICUM
have been so removed. The term is sometimes used for the removal of parts of a writing by any means whatever, as by cancellation; but this is not an accurate use.
Category: Procedure
Found 691 results · Showing 241–270
ESTREAT, n
(From Lat. estractum.) In English law. A copy or extract from the book of estreats, that is, the rolls of any court, in which the amercements or fines, recognizances, etc., imposed or taken by that court upon or from the accused, are set down, and wh...
ET HABEAS IBI TUNC HOC BREVE
And have you then there this writ. The formal words directing the return of a writ. The literal translation is retained In the modern form of a considerable number of writs.
ET HOC PARATUS
ET ALIUOS. And another. The abbré- viation et al. (sometimes in the plural written et als.) is affixed to the name of the person first mentioned, where there are several plaintiffs, grantors, persons addressed, etc.
ET HOC PETIT QUOD INQUIRATUR
PER PATRIAM. And this he prays may be inquired of by the country. The conclusion of a plaintiff's pleading, tendering an issue to the country. 1 Salk. 6. Literally translated in the modern forms.
ET INDE PETIT JUDICIUM. And
thereupon for thereof] he prays judgment. A clause at the end of pleadings, praying the judgment of the court in favor of the party pleading. It occurs as early as the time of Bracton, and is literally translated in the modern forms. Bract. fol. 578;...
ET MODO AD HUNO DIEM
Lat. And now at this day. This phrase was the formal beginning of an entry of appearance or of a continuance. The equivalent English ORs are still used in this connection.
ET NON
Lat. - And not. A technical phrase in pleading, which introduces the negative averments of a special traverse. It has the same force and effect as the words “absque hoc,” and is occasionally used instead of the latter.
EUNDATIO
Lat. A founding or foundation. Particularly applied to the creation and endowment of corporations. As applied to eleemosynary corporations such as colleges and hospitals, it is said that “fundatio incipiens”’ is the incorporation or grant of co...
Everett v. Bailey, 150 Pa
152, 24 Atl. 700; Rex v. Bucks County, 12 East, 204.
Everett, 53 N. H. 9, 16 Am. Rep
82; Appeal of Tappan, 52 Conn. 413.
EVIDENCE
17 Or. 8&4, 21 Pac. 47; Civ. Code Ga. 1895, § 5164. Secondary evidence is that species o evidence which becomes admissible, as being the next best, when the primary or best evidence of the fact in question is lost or inaccessible; as when a witness ...
EX ABUNDANTI CAUTELA
Lat. Out of abundant caution. “The practice has arisen abundanté cauicla.” 8 East, 326 ; Lord Ellenborough, 4 Maule & S. 544.
EX COMPARATIONE SCRIPTORUM
By a comparison of writings or handwritings. A term in the law of evidence. Best,
EX MORA
From or in consequence of delay. Interest is allowed ex mora; that is, where there has been delay in returning a sum borrowed. <A term of the civil law. Story, Bailm. § 84.
EX SOCRIPTIS OLIM VISIS
From writings formerly seen. A term used as descriptive of that kind of proof of handwriting where the knowledge has been acquired by the witness having seen letters or other doc-
EX VISU SCRIPTIONIS
From sight of the writing; from having seen a person write. A term employed to describe one of the modes of proof of handwriting. Best,
EXAMEN. UL
Lat. A trial. BWoeamen computt, the balance of an account. Townsh.
EXCOMMUNICATO DELIBERANDO
In ecclesiastical law. A writ issuing out of
EXEMPTION
Freedom from a general duty or service; immunity from a general burden, tax, or charge. Green v. State, 59
EXHIBITIO BILLZ
Lat. Exhibition of a bill. In old English practice, actions were instituted by presenting or exhibiting a bill to the court, in cases where the proceedings were by bill; hence this phrase is equivalent to “commencement of the suit.”
EXIT
Lat. It goes forth. This word is used in docket entries as a brief mention of the issue of process. Thus, “exit fl. fa.” denotes that a writ of flert facias has been issued in the particular case. The “exit of a writ” is the fact of its issua...
EXPOSE, n
Fr. A _ statement; account; recital; explanation. The term is used in diplomatic language as descriptive of a written explanation of the reasons for a certain act or course of conduct.
EXTENDI FAOIAS
Lat. You cause to be extended. In English practice. The name of a writ of execution, (derived from its two emphatic words;) more commonly called an “extent.” 2 Tidd, Pr. 1043; 4
EXTRAJUDICIAL
an action carried on before the court, and of the judgment pronounced; containing also an order for execution or proceedings thereupon. Jacob; Whishaw. v.. Alexander, 109 La. 557, 33 South. 600; U.-8. y. Williams, 38 Fed. Cas. 643.—Extrajudicial o...
FACTA CORAM JUSTICIARDIS ITIN
ERANTIBUS, Ete. An old writ to certify a cognizance taken by justices in eyre. Reg.
FALSO RETORNO BREVIUM. A
writ which formerly lay against the sheriff who had execution of process for false re-
FALSUM
Lat. In the civil law. A false or forged thing; a fraudulent simulation; a fraudulent counterfeit or imitation, such as a forged signature or instrument. Also falsification, which may be either by falsehood, concealment of the truth, or fraudulent al...
FEU «
ice, makes his return in grain or money. Distinguished from “wardholding,”’ which is the military tenure of the country. Bell. —Feu annuals. The reddendo, or annual return from the vassal to a superior in a feu holding—Feu holding. A holdin...
FIAT
(Lat. “Let it be done.”) In English practice. A short order or warrant of a& judge or magistrate directing some act to be done; an authority issuing from some competent source for the doing of some legal act.