A. 155, 23 Am. St. Rep
95; Harman v. Moore, 112 Ind. 221, 18 N. E. 718; Schneider v. Sellera, 25 Tex. Civ. App. 226, 61 S. W. 541; Bitzer v. Mercke, 111 Ky. 299, 63 S. W. 771.— Collateral inheritance tax. A tax levi
Category: Torts
Found 130 results · Showing 1–30
Ab assuctis non fit injuria
From things to which one is accustomed (or in which there has been long acquiescence) no legal injury or wrong arises. If a person neglect to insist on his right, he is deemed to have abandoned It. Amb. 645; 3 Brown, Ch. §39.
ABATEMENT OF A NUISANCE. | The
removal, prostration, or destruction of that which. causes a nuisance, whether by breaking or pulling it down, or otherwise remoy ing, disintegrating, or effacing it. Rut v.
ABATOR
their deterioration or damage suffered during importation, or while in store. A’. diminution or decrease in the amount of aia imposed upon any person. ;
ABRIDGMENT OF DAMAGES. - the
right of the court to reduce the damagés’ ‘dn certain cases. Vide Brooke, tit. “Abridgment.” .
ABSTRACT, v
from. , Under the National Bank Act, “abstraction” is the act of one who, being an officer of a national banking association, wrongfully takes or withdraws from it any of its moneys, funds, or credits, with intent to injure or defraud it or some ...
AD MORDENDUM ASSUETUS. Ac
customed to bite. Cro. Car. 254. A material averment in declarations for' damage done by a dog to persons or animals. 1 Chit. PI. 888; 2 Chit. Pl. 597.
AGGRIEVED
injury; . damnified;
Am. Neg. Ca
(or Oas.) American Negligence Cases,
An assault is an attempt
with force or violence, to do a corporal injury to another, and may consist of any act tending to such corporal injury, accompanied with such circumstances as denote at the time an intention, coupled with the present ability, of using actual violence...
ATTENTAT
Lat. He attempts. In the civil and canon law. Anything wrongfully innovated or attempted in a suit by an inferior judge, (or Judge a quo,) pending an
BL Comm
47-56; People vy. Stewart, 7 Cal. 143; Miller v. Miller, 187 Pa. 572, 41 Atl. 277. —Conscientious scruple. A scruple against taking an oath, serving as a juror in a capital case, doing military duty, or the like, is an objection or repugnance growi...
Blydenburgh v. Miles, 39 Conn
490.—Exces= sive damages. See DAMAGES.
C. C. A. 460
Damnum sine injurifi esse potest. Lofft, 112. There may be damage or injury. inflicted without any act of injustice.
CILIO DISCUTIENDA ET TERMI
NANDA. A writ by which one js called to justify a complaint of a trespass made to the king himself, before the king and his council.
CLAUSUM PASCHIA
of trespass, and still retained in the phrase quare clausum fregit, (q. v.)
Co., 61 Ark
36, 31 S. WwW. 981.—Partial dee fense. One which goes only to a part of the cause of action, or which only tends to mitigate the damages to be awarded. Carter v.
Co., 65 8. C. 1, 48 S. BE
307; Murphy v. Hobbs, 7 Colo. 541, 5 Pac. 119, 49 Am. Rep Proximate and remote. Proximate damages are the immediate and direct damages and natural results of the act complained of, and such as are usual and might have been expected. Remote damages ar...
COMMON BAR. In pleading
(Otherwise called. “blank bar.”) A plea to compel the plaintiff to assign the particular place where the trespass has been committed.
CONCORDIA DISCORDANTIUM
CANONUM. The harmony of the discordant canons. <A collection of ecclesiastical constitutions made. by Gratian, an Italian monk, A. D. 1151; more commonly known by the name of “Decretum Gratiani.”
County, 6 Rich
(8; C.) 412.—Comparative j rudence. he study of the principles of legal science by the comparison of various systems of law.—_Comparative negligence.
CREDIT
1. The ability of a business wun.to borrow muney, or obtain goods ou time, !n ednsequence of the favorable opinion held by the community, or by the particular lender, as to his solvency and reliability. People v: Wasservogle, 77 Cal. 173, 19, Pac. 2...
CULPA
Lat. A term of the civil law, meaning fault, neglect, or negligence. There are three degrees of culpa,—lata culpa, gross
DAMAGES
by reason of special circumstances or conditions. vy. Perwilliger, 116 N. Y. 580, 22 N. E. 1001;
DAMNUM
Lat. Im the civil law. Damage; the loss or diminution of -what is a man's own, either by fraud, carelessness, or accident.
DE LEPROSO AMOVENDO
the tenant, to the injury of the reversioner.
DE SON TORT
L. Fr. Of his own wrong. A stranger who takes upon him to act as an executor without any just authority is called an “executor of his own wrong,” (de son tort.) 2 Bl. Comm. 507; 2 Steph. Comm, 244.
DE UXORE RAPTA ET ABDUCTA
A writ which lav where a man’s wife had been ravished and carried away. A species of writ of trespass. Reg. Orig. 97; Fitzh.
DEFENDIT VIM ET INJURIAM. He
defends the force and injury. Fleta, lib. 5, c. 39, § 1.
DEMONSTRATIO
Lat. Description; addition; denomination. Occurring oftengin the phrase, “Falsa demonstratio non nocet,” (a false description does not harm.)