practice. By this term is understood a continuance of a suit by undue process. Its effect is the same as a discontinuance. (q. v.) 2 Hawk. 299; Kitch....
crim. law. This term is used to express every offence infe- rior to felony, punishable by indictment, or by particular prescribed proceedings; in its ...
practice. An error made by a judge in charging the jury in a special case.2. Such misdirection is either in relation to matters of law or matters of f...
English law. In a writ of right which is intended to be tried by the grand assize, the general issue is called the mise. Lawes, Civ. Pl. 111; 7 Cowen,...
civ. law. The name of an involuntary deposit, made under pressing necessity; as, for instance, shipwreck, fire, or other inevitable calamity. Poth. Pr...
mercy. An arbitrary or discretionary amercement.2. To be in mercy, is to be liable to such punishment as the judge may in his discretion inflict. Acco...
ury. It differs from malfeasance, (q. v.) or, nonfeasance (q. v.) Vide, generally, 2 Vin. Ab. 35; 2 Kent, Com. 443; Doct. Pl. 62; Story, Bail.9.2. It ...
pleading. Misjoinder of causes of action, or counts, consists in joining, in different counts in one declaration, several demands, which the law does ...
The act of using a wrong name.2. Misnomers, may be considered with regard to contracts, to devises and bequests, and to suits or actions.3. - 1. In ge...
Pleading incorrectly, or omitting anything in pleading which is essential to the support or defence of an action, is so called.2. Pleading not guilty ...
crim. law. 1. In its larger sense, this word is used to signify every considerable misdemeanor, which has not a certain name given to it in the law; a...
contracts. When a deed is read falsely to an illiterate or blind man, who is a party to it, such false reading amounts to a fraud, because the contrac...
contracts, pleading. The incorrect recital of a matter of fact, either in an agreement or a plea; under the latter term is here understood the declara...
responsibility; 5 Maule & Selw. 380; 1 Chit. Pr. 836; 1 Sim. R. 13, 63; and when the informant was under no legal pledge or obligation as to the preci...
mar. law. When a ship or other vessel has been at sea for a much longer time than she ought to have been, she is presumed to have perished there with ...
thereof, by districts, who shall hold their offices for the term of two years. The jurisdiction of justices of the peace shall be limited to causes in...
ion as follows: 1. The judicial powers, as to matters of law and equity, shall be vested in a "supreme court," in a "chancellor," in "Circuit courts,"...
contracts. An error committed in relation to some matter of fact affecting the rights of one of the parties to a contract.2. Mistakes in making a cont...
An erroneous trial on account of some defect in the persons trying, as if the jury come from the wrong county or because there was no issue formed, as...
The unlawful use of property.2. The misuse of personal property delivered lawfully to the defendant, is a conversion which will enable the owner immed...
An unlawful use of a right.2. In cases of public officers and corporations, a misuser is sufficient to cause the right to be forfeited. 2 Bl. Com. 153...
d with the defendant; 12 Mod. R. 232; Bull. N. P. 27, 296; Selw. N. P. 25; 1 Johns. Cas, 16: or that the plaintiff has carried on a criminal conversat...
construction. The more lenient sense. It was formerly held in actions for libel and slander, that when two or more constructions could be put upon the...
law-French. To put, to send, or to pass; as mitterl estate, to pass the estate; mitter le droit, to pass a right. 2 Bl. Com. 324; Bac. Ab. Release, C;...
English practice. A writ enclosing a record sent to be tried in a county palatine; it derives its name from the Latin word mittimus, "we send." It is ...
crim. law, practice. A precept in writing, under the hand and seal of a justice of the peace, or other competent officer, directed to the gaoler or ke...
To join; to mingle. A compound made of several simples is said to be something mixed....
practice. An action partaking of a real and personal action by which real property is demanded, and damages for a wrong sustained: an ejectment is of ...
crim. law. A larceny which has all the properties of simple larceny, and is accompanied with one or both the aggravations of violence to the person or...
A government composed of some of the powers of a monarchical, aristocratical, and democratical government. See Government....
That kind of property which is not altogether real nor personal, but a compound of both. Heir-looms, tomb-stones, monuments in a church, and title dee...
civil law. One in which one of the parties confers a benefit on the other, and requires of the latter something of less value than what he has given; ...
The putting of different goods or chattels together in such a manner that they can no longer be separated; as putting the wines of two different perso...
Scotch law. The general term mobbing and rioting includes all those convocations of the lieges for violent and unlawful purposes, which are attended w...
A machine made on a small scale to show the manner in which it is to be worked or employed.2. The Act of Congress of July 4, 1836, section 6, requires...
pleading. The name of a plea in trespass by which the defendant justifies an assault and battery, because he moderately corrected the plaintiff, whom ...
A person appointed to preside at a popular meeting; sometimes he is called a chairman. ...
A change; as the modification of a contract. This may take place at the time of making the contract by a condition, which shall have that effect; for ...
pleading. In manner and form. These words are used in tendering an issue in a civil case.2. Their legal effect is to put in issue all material circums...
civil law. Manlier; means; way....
eccl. law. Where there is by custom a particular manner of tithing allowed, different from the general law of taking tithes in kind, as a pecuniary co...
n an individual buys merchandise from another oil a credit at a high price, to sell it immediately to the first seller, or to a third person, who acts...
The half of anything; as, if a testator bequeath one moiety of his estate to A, and the other to B, each shall take an equal part. Joint tenants are s...
Scotch law, The name of an action competent to the proprietor of a landed estate, against those who disturb his possession, It is chiefly used in ques...
pleading. In an action of trespass to the person, the defendant frequently justifies by pleading that he used no more force than was necessary to remo...
Toll paid for grinding at a mill; multure. Not used....
government. That form of government in which the sovereign power is entrusted to the hands of a single magistrate. Toull. tit. prĒl. n. 30. The countr...
thousand half eagle;; one pennyweight in one thousand quarter eagles; and one half of a pennyweight in one thousand gold dollars.25. - 6. Act of March...
legislation. Pills or projects of laws providing for raising revenue, and for making grants or appropriations of the public treasure.2. The first clau...
pleadings. The common counts in an action of assumpsit are so called, because they are founded on express or implied promises to pay money in consider...
Legal Dictionary 
