Legal Term Dictionary

Doubtfulness; doubleness of meaning; indistinctness or uncertainty of meaning of an expression used in a written instrument. Nindle v. State Bank, 13 Neb. 245, 13 N. W. 275; Ellmaker v. Ellmaker, 4 Watts (Pa.) 89; Kraner v. Halsey, 82 Cal. 209, 22 Pac. 1137; Ward v. Epsy, 6 Humph. (Tenn.) More...

Doubtfulness; doubleness of meaning; indistinctness or uncertainty of meaning of an expression used in a written instrument. Nindle v. State Bank, 13 Neb. 245, 13 N. W. 275; Ellmaker v. Ellmaker, 4 Watts (Pa.) 89; Kraner v. Halsey, 82 Cal. 209, 22 Pac. 1137; Ward v. Epsy, 6 Humph. (Tenn.) 447. An ambiguity may be either latent or patent. It is the former, where the language employed is clear and intelligible and suggests but a single meaning, but some extrinsic fact or extraneous evidence creates a necessity for interpretation or a choice among two or more possible meanings. But a patent ambiguity is that which appears on the face of the instrument, and arises from the defective, obscure, or insensible language used. Carter v. Holman, 60 Mo. 504; Brown v. Gulce, 46 Miss. 302; Stokeley v. Gordon. 8 Md. 505; Chambers v. Ringstaff, 69 Ala. 140; Hawkins v. Garland, 76 Va. 152, 44 Am. Rep. 158; Hand v. Hoffman, 8 N. J. Law, 71; Ives v. Kimball, 1 Mich. 313; Palmer v. Albee, 50 Iowa, 431; Petrie v. Hamilton College, 158 N. Y. 458, 53 N. E. 216. Synonyms. Ambiguity of language is to be distinguished from unintelligibility and inaccuracy, for words cannot be said to be ambiguous unless their signification seems doubtful and uncertain to persons of competent skill and knowledge to understand them. Story, Contr. 272. The term "ambiguity" does not include mere inaccuracy, or such uncertainty as arises from the use or peculiar words, or of common words in a peculiar sense. Wig. Wills, 174. —Ambiguity upon the factum. An ambiguity in relation to the very foundation of the instrument itself, as distinguished from an ambiguity in regard to the construction of its terms. The term is applied, for instance, to a doubt as to whether a testator meant a particular clause to be a part of the will, or whether it was introduced with his knowledge, or whether a codicil was meant to republish a former will, or whether the residuary clause was accidentally omitted. Eatherly v. Eatherly, Cold. (Tenn.) 461, 465, 78 Am. Dec. 499. Ambignum pactum contra venditorem interpretandum est. An ambiguous contract is to be interpreted against the seller. Ambignum placitum interpretari debet contra proferentem. An ambiguous plea ought to be interpreted against the party pleading it Co. Litt. 303b. Less...

A boundary line, as going around a place; an exterior or inclosing line or limit. The limits or circumference of a power or jurisdiction; the line circumscribing any subject-matter.

A boundary line, as going around a place; an exterior or inclosing line or limit. The limits or circumference of a power or jurisdiction; the line circumscribing any subject-matter. Less...

In the Roman law. A going around; a path worn by going around. A space of at least two and a half feet in width, between neighboring houses, left for the convenience of going around them. Calvin. The procuring of a public office by money or gifts; the unlawful buying More...

In the Roman law. A going around; a path worn by going around. A space of at least two and a half feet in width, between neighboring houses, left for the convenience of going around them. Calvin. The procuring of a public office by money or gifts; the unlawful buying and selling of a public office. Inst. 4, 18. 11; Dig. 48, 14. Ambulatoria est voluntas defuncti usque ad vitas supremum exitum. The will of a deceased person is ambulatory until the latest moment of life. Dig. 34, 4, 4. Less...

Movable; revocable; subject to change. Ambulatoria voluntas (a changeable will) denotes the power which a testator possesses of altering his will during his life-time. Hattersley v. Bissett, 50 N. J. Eq. 577, 25 Atl. 332. The court of king's bench in England was formerly called an "ambulatory court," because it More...

Movable; revocable; subject to change. Ambulatoria voluntas (a changeable will) denotes the power which a testator possesses of altering his will during his life-time. Hattersley v. Bissett, 50 N. J. Eq. 577, 25 Atl. 332. The court of king's bench in England was formerly called an "ambulatory court," because it followed the king's person, and was held sometimes in one place and sometimes in another. So, in France, the supreme court or parliament was originally ambulatory. 3 Bl. Comm. 38, 39, 41. The return of a sheriff has been said to be ambulatory until it is filed. Wilmot, J., 3 Burr. 1644. Less...

The noun "ambush" means (1) the act of attacking an enemy unexpectedly from a concealed station; (2) a concealed station, where troops or enemies lie in wait to attack by surprise, an ambuscade; (3) troops posted in a concealed place for attacking by surprise. The verb "ambush" means to lie More...

The noun "ambush" means (1) the act of attacking an enemy unexpectedly from a concealed station; (2) a concealed station, where troops or enemies lie in wait to attack by surprise, an ambuscade; (3) troops posted in a concealed place for attacking by surprise. The verb "ambush" means to lie in wait, to surprise, to place in ambush. Dale County v. Gunter, 46 Ala. 142. Less...

Betterments; improvements. 6 Low. Can. 294; 9 Id. 503.

Betterments; improvements. 6 Low. Can. 294; 9 Id. 503. Less...

Subject to answer to the law; accountable; responsible; liable to punishment. Miller v. Com., 1 Duv. (Ky.) 17. Also means tractable, that may be easily led or governed: formerly applied to a wife who is governable by her husband. Cowell.

Subject to answer to the law; accountable; responsible; liable to punishment. Miller v. Com., 1 Duv. (Ky.) 17. Also means tractable, that may be easily led or governed: formerly applied to a wife who is governable by her husband. Cowell. Less...

To improve; to make better by change or modification. See ALTER.

To improve; to make better by change or modification. See ALTER. Less...

In old English law. A penalty imposed upon a person by way of disgrace or infamy, as a punishment for any offense, or for the purpose of making reparation for any Injury done to another, as the walking into church in a white sheet, with a rope about the neck More...

In old English law. A penalty imposed upon a person by way of disgrace or infamy, as a punishment for any offense, or for the purpose of making reparation for any Injury done to another, as the walking into church in a white sheet, with a rope about the neck and a torch in the hand, and begging the pardon of God, or the king, or any private individual, for some delinquency. Bouvier. In French law. A species of punishment to which offenders against public decency or morality were anciently condemned. Less...

In practice. The correction of an error committed in any process, pleading, or proceeding at law, or in equity, and which is done either of course, or by the consent of parties, or upon motion to the court in which the proceeding is pending. 3 Bl. Comm. 407, 448; 1 More...

In practice. The correction of an error committed in any process, pleading, or proceeding at law, or in equity, and which is done either of course, or by the consent of parties, or upon motion to the court in which the proceeding is pending. 3 Bl. Comm. 407, 448; 1 Tldd, Pr.. 096. Hardin v. Boyd, 113 U. S. 756, 5 Sup. Ct 771, 28 L. Ed. 1141. Any writing made or proposed as an improvement of some principal writing. In legislation. A modification or alteration proposed to be made in a bill on its passage, or an enacted law; also such modification or change when made. Brake v. Callison (C. C.) 122 Fed. 722. Less...