A construction of wood, stone, or other materials, made across a stream of water for the purpose of confining it, a mole. 2. The owner of a stream not...
torts. The loss caused by one person to another, or to his property, either with the design of injuring him, with negligence and carelessness, or by i...
torts. This is a corruption of the French words faisant dommage, and signifies doing damage. This term is usually applied to the injury which animals ...
In the language of the customs, are goods subject to duties, which have received some injury either in the voyage home, or while bonded in warehouses....
practice. The indemnity given by law, to be recovered from a wrong doer by the person who has sustained an injury, either in his person, property, or ...
Such damages as are unreasonably great, and not warranted by law. 2. The damages are excessive in the following cases: 1. When they are gre-ater than ...
Such as are unreasonably low, and less than is required by law. 2. Damages are inadequate, when the plaintiff sues for a breach of contract, and the d...
contracts. A penalty affixed by law to the non-payment of a bill of exchange when it is not paid at maturity, which the parties to it are obliged to p...
practice. In cases where a statute gives a party double or treble damages, the jury are to find single damages, and the court to enhance them, accordi...
torts. General damages are such as the law implies to have accrued from the act of a tort-feasor. To call a man a thief, or commit an assault and batt...
pleading. In personal and mixed actions, (but not in penal actions, for obvious reason,) the declaration must allege, in conclusion, that the injury i...
contracts. When the parties to a contract stipulate for the payment of a certain su, as a satisfaction fixed and agreed upon by them, for the not doin...
torts. Special damages are such as are in fact sustained, and are not implied by law, these are either superadded to general damages, arising from an ...
pleading. As distinguished from the gist of the action, signify that special damage which is stated to result from the gist, as, if a plaintiff in an ...
The unascertained amount which is due to a person by another for an injury to the person, property, or relative rights of the party injured. These dam...
That which causes a loss or damage to a society, or to one who has indemnified another. For example, when a society has entered into an obligation to ...
To cause damage, injury or loss....
A name given by Lord Kenyon to that species of property of a bankrupt, which, so far from being valuable, would be a charge to the creditors for examp...
A loss or damage without injury. 2. There are cases when the act of one man may cause a damage or loss to another, and for which the latter has no rem...
civil law. Damages caused by a fortuitous event, or inevitable accident, damages arising from the act of God. Among these were included losses by ship...
Eng. law. That system of laws which was maintained in England while the Danes had possession of the country....
mar. law. This phrase is sometimes put in bills of lading, the master of the ship agreeing to deliver the goods therein mentioned to the consignee, wh...
A corruption of the French word "dernier," the last. It is sometimes used as, "darrein continuance," the last continuance. When any matter has arisen ...
The name of a plea to a writ of entry or a writ of right. 3 Met. 175....
The designation or indication in an instrument of writing, of the time, and usually of the time and place, when and where it was made. When the place ...
civil law, contracts. The act of giving something. It differs from donation, which is a gift, dation, on the contrary, is giving something without any...
civil law. This term is used in Louisiana, it signifies that, when instead of paying a sum of money due on a pre-existing debt, the debtor gives and t...
That which may be given or disposed of at will and pleasure. It sometimes means that which is not cast upon the party by the law, or by a testator, bu...
An immediate female descendant. See Son....
In Latin, nurus, is the wife of ones son....
A division of time. It is natural, and then it consists of twenty-four hours, or the space of time which elapses while the earth makes a complete revo...
mer. law. An account book, in which merchants and others make entries of their daily transactions. This is generally a book of original entries, and a...
English practice. A rule or order of the court, by which a prisoner on civil process, and not committed, is enabled, in term time, to go out of the pr...
Eng. practice. Days of appearance in the court of common pleas, usually called bancum. They are at the distance of about a week from each other, and a...
Certain days after the time limited by the bill or note, which the acceptor or drawer has a right to demand for payment of the bill or note, these day...
These are Sunday, Monday, Tuesday, Wednesday, Thursday, Friday, Saturday. See Week. 2. The court will take judicial notice of the days of the week - f...
A preposition used in many Latin phrases - as, de bone esse, de bonis non....
In the ancient English law, when an action was brought for the same cause of action which had been before settled by arbitration, this writ was brough...
practice. A technical phrase applied to certain proceedings which are deemed to be well done for the present, or until an exception or other avoidance...
This phrase is used in cases where the goods of a deceased person have not all been administered. When an executor or administrator has been appointed...
Of his own goods. When an executor or administrator has been guilty of a devastavit, (q. v.) he is responsible for the loss which the estate has susta...
The name of a writ issued for the arrest of a defendant who is in contempt of the ecclesiastical court. 1 Nev. & Per. 680, 685, 689, 5 Dowl. 213, 646....
The name of an ancient common law writ, by which one tenant in common might compel his co-tenant to concur in the expense of repairing the property he...
The name of an English statute passed the 13 Edwd. I. c. 1, the real design of which was to introduce perpetuities, and to strengthen the power of the...
i. e. in deed. A term used to denote a thing actually done, a president of the United States de facto is one in the exercise of the executive power, a...
The name of a writ which is used to replevy a man out of prison, or out of the custody of a private person. See Homine replegiando, Writ de homine rep...
pleading. The name of a replication in an action for a tort, that the defendant committed the trespasses or crrievances of his own wrong, without the ...
The name of a statute passed in the reign of Edw. I., which enacted severe and absurd penalties against the Jews. Barr. on Stat. 197. 2. The Jews were...
by right. Vide De facto....
The name of a writ directed to the sheriff, directing him to inquire by good and lawful men whether the party charged is, a lunatic or not. See 4 Rawl...
Legal Dictionary 
