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Legal Term Dictionary

Search our free database of thousands of legal terms. The easiest-to-read, most user-friendly guide to legal terms.This dictionary is from the early 20th century and is not to be construed as legal advice.

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AFFINES
In the civil law. Connections by marriage, whether of the persons or their relatives. Calvin. Neighbors, who own or occupy adjoining lands. Dig. 10, 1, 12. Affinis mei affinis non est mihi affinis. One who is related by marriage to a person related to me by marriage has no affinity More...

In the civil law. Connections by marriage, whether of the persons or their relatives. Calvin. Neighbors, who own or occupy adjoining lands. Dig. 10, 1, 12. Affinis mei affinis non est mihi affinis. One who is related by marriage to a person related to me by marriage has no affinity to me. Shelf. Mar. & Div. 174. Less...
AFFINITAS
Lat. In the civil law. Affinity; relationship by marriage. Inst 1, 10, 6. — Affinitas affinitatis. Remote relationship by marriage. That connection between parties arising from marriage which is neither consanguinity nor affinity. Chinn v. State, 47 Ohio t 575, 26 N. B. 986, 11 L. R. A. 630.

Lat. In the civil law. Affinity; relationship by marriage. Inst 1, 10, 6. — Affinitas affinitatis. Remote relationship by marriage. That connection between parties arising from marriage which is neither consanguinity nor affinity. Chinn v. State, 47 Ohio t 575, 26 N. B. 986, 11 L. R. A. 630. Less...
AFFINITY
At common law. Relationship by marriage between the husband and the blood relations of the wife, and between the wife and the blood relations of the husband. 1 Bl. Comm. 434; Sollnger v. Earle, 45 N. Y. Super. Ct. 80; Tegarden v. Phillips (Ind. App.) 39 N. E. 212. Affinity More...

At common law. Relationship by marriage between the husband and the blood relations of the wife, and between the wife and the blood relations of the husband. 1 Bl. Comm. 434; Sollnger v. Earle, 45 N. Y. Super. Ct. 80; Tegarden v. Phillips (Ind. App.) 39 N. E. 212. Affinity is distinguished into three kinds: (1) Direct, or that subsisting between the husband and his wife's relations by blood, or between the wife and the husband's relations by blood; (2) secondary, or that which subsists between the husband and his wife's relations by marriage; (3) collateral, or that which subsists between the husband and the relations of bis wife's relations. Wharton. In the civil law. The connection which arises by marriage between each person of the married pair and the kindred of the other. Mackeld. Rom. Law, § 147; Poydras v. Livingston, 5 Mart O. S. (La.) 295. A husband is related by affinity to all the consanguinei of his wife, and vice versa, the wife to the husband's consanguinei; for the husband and wife being considered one flesh, those who are related to the one by blood are related to the other by affinity. Gib. Cod. 412; 1 Bl. Comm. 435. In a larger sense, consanguinity or kindred. Co. Litt 157a. —Quasi affinity. In the civil law. The affinity which exists between two persons, one of whom has been betrothed to a kinsman of the other, but who have never been married. Less...
AFFIRM
To ratify, make firm, confirm, establish, reassert. To ratify or confirm a former law or judgment. Cowell. In the practice of appellate courts, to affirm a judgment decree, or order, is to declare that it is valid and right and must stand as rendered below; to ratify and reassert it; More...

To ratify, make firm, confirm, establish, reassert. To ratify or confirm a former law or judgment. Cowell. In the practice of appellate courts, to affirm a judgment decree, or order, is to declare that it is valid and right and must stand as rendered below; to ratify and reassert it; to concur in its correctness and confirm its efficacy. In pleading. To allege or aver a matter of fact; to state it affirmatively; the opposite of deny or traverse. In practice. To make affirmation; to make a solemn and formal declaration or asseveration that an affidavit is true, that the witness will tell the truth, etc., this being substituted for an oath in certain cases. Also, to give testimony on affirmation. In the law of contracts. A party is said to affirm a contract the same being voidable at his election, when he ratifies and accepts it waives his right to annul it, and proceeds under it as if it had been valid originally. Less...
AFFIRMANCE
In practice. The confirming, or ratifying a former law, or judgment. Cowell; Blount. The confirmation and ratification by an appeltate court of a judgment, order, or decree of a lower court brought before it for review. See AFFIRM. A dismissal of an appeal for want of prosecution is not an More...

In practice. The confirming, or ratifying a former law, or judgment. Cowell; Blount. The confirmation and ratification by an appeltate court of a judgment, order, or decree of a lower court brought before it for review. See AFFIRM. A dismissal of an appeal for want of prosecution is not an "affirmance" of the judgment Druminond v. Husson, 14 N. Y. 60. The ratification or confirmation of a voidable contract or act by the party who is to be bound thereby. The term is in accuracy to be distinguished from ratification, which is a recognition of the validity or binding force as against the party ratifying, of some act performed by another person; and from confirmation, which would seem to apply more properly to cases where a doubtful authority has been exercised by another in behalf of the person ratifying; but these distinctions are not generally observed with much care. Bouvier. Less...
AFFIRMANCE DAY GENERAL
In the English court of exchequer, is a day appointed by the judges of the common pleas, and barons of the exchequer, to be held a few days after the beginning of every term for the general affirmance or reversal of judgments. 2 Tidd, Pr. 1001.

In the English court of exchequer, is a day appointed by the judges of the common pleas, and barons of the exchequer, to be held a few days after the beginning of every term for the general affirmance or reversal of judgments. 2 Tidd, Pr. 1001. Less...
AFFIRMANT
A person who testifies on affirmation, or who affirms instead of taking an oath. See AFFIRMATION. Used in affidavits and depositions which are affirmed, instead of sworn to in place of the word "deponent." Affirmant est probare. He who affirms in list prove. Porter v. Stevens, 9 Cush. (Mass.) 535. More...

A person who testifies on affirmation, or who affirms instead of taking an oath. See AFFIRMATION. Used in affidavits and depositions which are affirmed, instead of sworn to in place of the word "deponent." Affirmant est probare. He who affirms in list prove. Porter v. Stevens, 9 Cush. (Mass.) 535. Affirmanti, non neganti incumbit probatio. The [burden of] proof lies upon him who affirms, not upon one who denies. Steph. PI. 84. Less...
AFFIRMATION
In practice. A solemn and formal declaration or asseveration that an affidavit is true, that the witness will tell the truth, etc., this being substituted for an oath in certain cases. A solemn religious asseveration in the nature of an oath. 1 Greenl. Ev. § 371.

In practice. A solemn and formal declaration or asseveration that an affidavit is true, that the witness will tell the truth, etc., this being substituted for an oath in certain cases. A solemn religious asseveration in the nature of an oath. 1 Greenl. Ev. § 371. Less...
AFFIRMATIVE
That which declares positively; that which avers a fact to be true; that which establishes; the opposite of negative. The party who, upon the allegations of pleadings joining issue, is under the obligation of making proof, in the first instance, of matters alleged, is said to hold the affirmative, or, More...

That which declares positively; that which avers a fact to be true; that which establishes; the opposite of negative. The party who, upon the allegations of pleadings joining issue, is under the obligation of making proof, in the first instance, of matters alleged, is said to hold the affirmative, or, in other words, to sustain the burden of proof. Abbott. As to affirmative "Damages," "Pleas," Warranties," see those titles. -Affirmative defense. In code pleading. New matter constituting a defense; new matter which, assuming the complaint to be true, constitutes a defense to it. Carter v. Eighth Ward Bank, 33 Misc. Rep. 128, 07 N. Y. Supp. 300.—Affirmative pregnant. In pleading. An affirmative allegation implying some negative in favor of the adverse party. Fields State. 134 Ind. 46, 32 N. E. 780 —Affirmative relief. Relief, benefit, or compensation which may be granted to the defendant in a judgment or decree in accordance with the facts established in his favor; such as may properly be given within the issues made by the pleadings or according to the legal or equitable rights of the parties as established by the evidence. Garner v. Hannah, 6 Duer (N. Y.) 202.—Affirmative statute. In legislation. A statute couched in affirmative or mandatory terms; one which directs the doing of an act, or declares what shall be done; as a negative statute is one which prohibits a thing from being done, or declares what shall not be done. Blackstone describes affirmative acts of parliament as those "wherein justice is directed to be done according to the law of the land." 1 Bl. Comm. 142. Less...
AFFIX
To fix or fasten upon, to attach to, inscribe, or impress upon, as a signature, a seal, a trade-mark. Pen. Code N. Y. f 367. To attach, add to, or fasten upon, permanently, as in the case of fixtures annexed to real estate. A thing is deemed to be affixed More...

To fix or fasten upon, to attach to, inscribe, or impress upon, as a signature, a seal, a trade-mark. Pen. Code N. Y. f 367. To attach, add to, or fasten upon, permanently, as in the case of fixtures annexed to real estate. A thing is deemed to be affixed to land when it is attached to it by the roots, as in the case of trees, vines, or shrubs; or imbedded in it as in the case of walls; or permanently resting upon it, as in the case of buildings; or permanently attached to what is thus permanent, as by means of cement, plaster, nails, bolts, or screws. Civ. Code Cal. § 600; Civ. Code Mont 1895, 4 1070; McNally v. Connolly, 70 Cal. 3, 11 Pac. 320; Miller v. Wad-dingham (Cal.) 25 Pac. 688, 11 L. R. A. 510. Less...

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