Found 130 results · Showing 31–60
be done. Declaratory part of a law. That which clearly defines rights to be observed and wrongs to be eschewed.—Declaratory statute. One enacted for the purpose of removing doubts or putting an end to conflicting decisions in regard to what the law...
DISPARAGEMENT. In old English law: An injury by union or comparison with some person or thing of inferior rank or excellence.
DOTE, v. “To besot” is to stupefy, ta make dull or senseless, to make to dote; and “to dote” is to be delirious, silly, or insane. Cowell.—Double costs. See Costs.—Double damages. See DAMAGES.—Double eagle. A gold coin of:the United St...
458, 48 Ati. 688; Com. v. Quinlan, 158 Mass. 488, 27 N. BE. 8&
upon & wrong or tort, e. g., trespass, trover, replevin. These terms were Known in English law at a very early period. See Inst. 4, 1, pr.; Mackeld. Rom. Law, § 884; 8 BI.
dinarily be shown in order to reduce the panlenment or damages.
color of his office, from an thing of value that is not it is due. 4 Bl. Comm. 141
WARDER. One who receives and forwards goods, taking upon himself the expenses of transportation, for which he receives a compensation from the owners, having no concern in the vessels or wagons by which they are transported, and no interest in the fr...
Fraud consists of some deceitful practice or willful device, resorted to with intent to deprive another of his right, or in some manner to do him an injury. As distinguished from negligence, it is always positive, intentional. Maher v. Hibernia Ins. ...
323, 31 S. BE. 193.—Nuisance per se. One which constitutes a nuisance at all times and under all circumstances, irrespective of locality or surroundings,
617; Gledhill v. Governor, 25 N. J. Law, 351. A ministerial duty arises when an individual has such a legal interest in its performance that neglect o rformance beeomes a wrong to such individual. Morton v.
L. Ins. Co., 66 Barb. (N. Y.) 472. Distinguished from “organic” disease, which is due to some injury to, or lesion or malformation in, the organ in question.
(Hamilton of) Haddington’s Manuscript Cases, Scotch Court of Session; -—-Hamilton, American Negligence Cases.
13-15 California;—Harmon’s Upper Canada Common Pleas Reports.
HARNASOA. In old European law. The defensive armor of a man; harness. Spelman.
200.—Equitable estoppel (or estoppel by conduct, or in pais) is the species of estoppel which equity puts upon a person who has made a false representation or a concealment of material facts, with knowledge of the facts, to a party ignorant of the ...
(or Dec.). Hay’s Decisions on Accidents and Negligence.
Lat. Ignorance; want of knowledge. Distinguished from mistake, (error,) or wrong conception. Mackeld. Rom.
Lat. The liability to a fine, penalty, or amercement. Cowell.
Lat. Without hurt, harm, or damage; harmless. —
Lat. 7 Denial; the denial of a debt or liability; the
Lat. Injury; wrong; the privation or violation of right. 8 BI. Comm. 2. —Injuria absque damno. Injury or wrong without damage. A wrong done, but from which no loss or damage results, and which, therefore, will not sustain ‘an action.
‘ Injuria non exocusat injuriam. Ong wrong does not justify another. Broom,
3828. —Special terms. Peculiar or unusual conditions imposed on a party before granting some application to the favor of the court.—Under terms. <A party is said to be under terme when an indulgence is granted to him by the court in its discretio...
IRREPLEVIABLE. That cannot be re-
science of whiat is right and what is wrong sues of fact are generally tried, as, distinguishfrom a cial jury, (g. v.)—F'o jury. A jury obtained from a ont other than that
Lat. In the law of bailment. Gross fault or neglect; extreme negligence or carelessness, (nimia negligentia.)
p. 563, max. 146; Finch, Law, b. 1, c 8, no. 62.
Fr. Damage; injury; detriment. Kelham. A term of the Scotch law.
1. Bound or obliged in law or equity; responsible; chargeable; answerable; compellable to make satisfaction, compensation, or restitution.