pleading. By which; whereby. 2. When the plaintiff sues for an injury to his relative rights, as for beating his wife, his child,, or his servant, it ...
By stock; by roots. 2. When, for example, a man dies intestate, leaving children and grandchildren, whose parents are deceased, the estate is to be di...
Eng. law. The name of a writ which is sued by consent of both parties, when they are in doubt as to the bounds of their respective estates; it is dire...
measure. The length of sixteen feet and a half: a pole or rod of that length. Forty perches in length and four in breadth make an acre of land. ...
Eng. law. A pardon for a man who, for contempt in not yielding obedience to the process of the king s courts, is outlawed, and afterwards, of his own ...
civil law. Under the denomination of peregrini were comprehended all who did not enjoy any capacity of the law, namely, slaves, alien enemies, and suc...
Absolute; positive. A final determination to act without hope of renewing or altering. Joined to a substantive, this word is frequently used in law; a...
equity, pleading. A defence which insists that the plaintiff never had the right to institute the suit, or that if he had, the original right is extin...
pleading. A plea which denies the plaintiff s cause of action. 3 Bouv. Inst. n. 2891. Vide Plea. ...
Something complete. 2. This term is applied to obligations in order to distinguish those which may be enforeed by law, which are called perfect, from ...
The act of one who has engaged his faith to do a thing, and does not do it, but does the contrary. Wolff, §390. ...
The act of doing something; the thing done is also called a performance; as, Paul is exonerated from the obligation of his contract by its performance...
The accident by which a thing is lost Lee,. Dr. Rom. 911. ...
contracts. Bills of lading generally contain an exception that the carrier shall not be liable for "perils of the sea." What is the precise import of ...
Circumlocution; the use of other words to express the sense of one. 2. Some words are so technical in their meaning that in charging offences in indic...
Goods which are lessened in value and become worse by being kept. Vide Bona Peritura. ...
crim. law. This offence at common law is defined to be a wilful false oath, by one who being lawfully required to depose the truth in any judicial pro...
When trespasses of one and the same kind, are committed on several days, and are in their nature capable of renewal or continuation, and are actually ...
A license to do a thing; an authority to do an act which without such authority would have been unlawful. A permission differs from a law, it is a che...
Allowed; that which may be done; as permissive waste, which is the permitting real estate to go to waste; when a tenant is bound to repair he is punis...
A license or warrant to do something not forbidden bylaw; as, to land goods imported into the United States, after the duties have been paid or secure...
civil law. Exchange; barter. 2. This contract is formed by the consent of the parties, but delivery is indispensable; for, without it, it mere agreeme...
This word, which is derived from the French prendre, to take, signifies a taking or receiving. ...
He who receives the profits of lands, &c. A cestui que use, who is legally entitled and actually does receive the profits, i s the pernor of profits. ...
That which is to last without limitation as to time; as, a perpetual statute, which is one without limit as to time, although not expressed to be so. ...
The act by which testimony is reduced to writing as prescribed by law, so that the same shall be read in evidence in some suit or legal proceedings to...
estates. Any limitation tending to take the subject of it out of commerce for a longer period than a life or lives in being, and twenty-one years beyo...
In its most extensive sense, perquisites signifies anything gotten by industry, or purchased with money, different from that which descends from a fat...
This word is applied to men, women and children, who are called natural persons. In law, man and person are not exactly-synonymous terms. Any human be...
Having the capacities of a person; for example, the defendant was judged personable to maintain this action. Old Nat. Brev. 142. This word is obsolete...
Belonging to the person. 2. This adjective is frequently employed in connection with substantives, things, goods, chattels, actions, right, duties, an...
Personal actions are those brought for the specific goods and chattels; or for damages or other redress for breach of contract or for injuries of ever...
Vide Liberty. ...
The right or interest which a man has in things personal; it consists of things temporary and movable, and includes all subjects of property not of a ...
These words are construed to mean the executors or administrators of the person deceased. 6 Mad. R. 159; 2 Mad. R. 155; 5 Ves. 402; 1 Madd. Ch. 108. ...
The legal and uninterrupted enjoyment by a man of his life, his body, his health and his reputation. 1 Bouv. Inst. n. 202. ...
Those laws which regulate the condition, state, or capacity of persons. The term is used in opposition to those laws which concern property, whether r...
An abstract of personal; as, the action is in the personalty, that is, it is brought against a person for a personal duty which he owes. It also signi...
The act of influencing by expostulation or request. While the persuasion is confined within those limits which leave the mind free, it may be used to ...
evidence. Those facts which tend to prove the allegations of the party offering them, are called pertinent; those which have no such tendency are call...
This is a technical word which signifies disturbance, or infringement of a right. It is usually applied to the disturbance of pews, or seats in a chur...
mer. law. In England a toll bearing this name is charged for weighing avoirdupois goods other than wool. 2 Chit. Com. Law. 16. ...
sometimes corrupted into petty. A French word signifying little, small. It is frequently used, as petit larceny, petit jury, petit treason. ...
English law. The killing of a master by his servant; a hushand by his wife; a superior by a secular or religious man. In the United States this is lik...
An instrument of writing or printing containing a prayer from the person presenting it, called the petitioner, to the body or person to whom it is pre...
Eng. law. When the crown is in possession, or any title is vested in it which is claimed by a subject, as no suit can be brought against the king, the...
That which demands or petitions that which has, the, quality of a prayer or petition; a right to demand. 2. A petitory suit or action is understood to...
A contribution by the owners of the ship, freight and goods on board, for losses sustained by the ship and cargo, which consist of small charges. Vide...
Engl. law. An office in the court of chancery, appropriated for suits against attorneys and officers of the court; and for, process and proceedings, b...
One who pretends to be a lawyer, but possessing neither knowledge, law, nor conscience. ...