Legal Term Dictionary

The ancient name for what is now known as ••constructive" contempt of court Ex parte Wright 65 Ind. 508. See CONTEMPT

The ancient name for what is now known as ••constructive" contempt of court Ex parte Wright 65 Ind. 508. See CONTEMPT Less...

Such damage, loss, or injury as does not flow directly and immediately from the act of the party, but only from some of the consequences or results of such act Swain v. Copper Co., Ill Tenn. 430, 78 S. W. 93; Pearson v. Spartanburg County, 51 S. C. 48Q, 29 More...

Such damage, loss, or injury as does not flow directly and immediately from the act of the party, but only from some of the consequences or results of such act Swain v. Copper Co., Ill Tenn. 430, 78 S. W. 93; Pearson v. Spartanburg County, 51 S. C. 48Q, 29 S. E. 193. The term "consequential damage" means sometimes damage which is so remote as not to be actionable; sometimes damage which, though somewhat remote, is actionable; or damage which, though actionable, does not follow Immediately, in point of time, upon the doing of the act complained of. Eaton v. Railroad Co., 51 N. H. 504, 12 Am. Rep. 147. Less...

In Scotch law. Implied powers or authorities. Things which follow, usually by implication of law. A commission being given to execute any work, every power necessary to carry it on is implied. 1 Karnes, Eq. 242.

In Scotch law. Implied powers or authorities. Things which follow, usually by implication of law. A commission being given to execute any work, every power necessary to carry it on is implied. 1 Karnes, Eq. 242. Less...

A guardian; protector; preserver. "When any person having property shall be found to be incapable of managing his affairs, by the court of probate in the district in which he resides, it shall appoint some person to be his conservator, who, upon giving a probate bond, shall have the charge More...

A guardian; protector; preserver. "When any person having property shall be found to be incapable of managing his affairs, by the court of probate in the district in which he resides, it shall appoint some person to be his conservator, who, upon giving a probate bond, shall have the charge of the person and estate of such incapable person." Gen. St Conn. 1875, p. 346, S 1. Treat v. Peck, 5 Conn. 280. —Conservators of rivers. Commissioners or trustees in whom the control of a certain river is vested, in England, by act of parliament— Conservators of tbe neaco. Officers authorized to preserve and maintain the public peace. In England, these officers were locally elected by the people until the reign of Edward III, when their appointment was vested in the king. Their duties were to prevent and arrest for breaches of the peace, but they had no power to arraign and try the offender until about 1360, when this authority was given to them by act of parliament, and "then they acquired the more honorable appellation of justices of the peace." 1 Bl. Comm. 351. Even after this time, however, many public officers were styled "conservators of the peace," not as a distinct office but by virtue of the duties and authorities pertaining to their offices. In this sense the term may include the king himself, the lord chancellor, justices of the king's bench, master of the rolls, coroners, sheriffs, constables, etc. 1 Bl. Comm* 350. See Smith v. Abbott, 17 N. J. Law, 358. The term is still in use in Texas, where the constitution provides that county judges shall be conservators of the peace. Const. Tex. art. 4, § 15; Jones v. State (Tex. Or. App.) 65 S. W. 92. Less...

The judgment of the court.

The judgment of the court. Less...

The inducement to a contract. The cause, motive, price, or impelling influence which induces a contracting party to enter into a contract The reason or material cause of a contract. Insurance Co. v. Raddin, 120 U. S. 183, 7 Sup. Ct 500, 30 Lw Ed. 644; Eastman v.. Miller, 113 More...

The inducement to a contract. The cause, motive, price, or impelling influence which induces a contracting party to enter into a contract The reason or material cause of a contract. Insurance Co. v. Raddin, 120 U. S. 183, 7 Sup. Ct 500, 30 Lw Ed. 644; Eastman v.. Miller, 113 Iowa, 404, 85 N. W. 635; St. Mark's Church v. Teed, 120 N. Y. 683, 24 N. E. 1014; Fertilizer Co. v. Dunan, 91 Md. 144, 46 Ati. 347, 50 L. It A. 401; Kemp v. Bank, 109 Fed. 48, 48 C. C. A. 213; Streshley v. Powell, 12 B. Mon. (Ky.) 178; Roberts v. New York. 5 Abb. Prac. (N. Y.) 41; Rice v. Almy, 32 Conn. 297. Any benefit conferred, or agreed to be conferred, upon the promisor, by any other person, to which the promisor is not lawfully entitled, or any prejudice suffered, or agreed to be suffered, by such person, other than such as he is at the time of consent lawfully bound to suffer, as an inducement to the promisor, is a good consideration for a promise. Civ. Code Cal. § 1605. Any act of the plaintiff from which the defendant or a stranger derives a benefit or advantage, or any labor, detriment, or inconvenience sustained by the plaintiff, however small, if such act is performed or inconvenience suffered by the plaintiff by the consent, express or implied, of the defendant 8 Scott 250. Considerations are classified and defined as follows: They are either express or implied; the former when they are specifically stated In a deed, contract, or other instrument; the lat* ter when inferred or supposed by the law from the acts or situation of the parties. They are either executed or executory; the former being acts done or values given before or at the time of making the contract; the latter, being promises to give or do something in future. They are either good or valuable. A good consideration is such as is founded on natural duty and affection, or oh a strong moral obligation. A valuable consideration is founded on money, or something convertible into money, or having a value in money, except marriage, which is a valuable consideration. Code Ga. 1882, 5 2741. See Chit Cont 7. A continuing consideration is one consisting in acts or performances which must necessarily extend over a considerable period of time. Concurrent-considerations are those which arise at the same time or where the promises are simultaneous. Equitable or moral considerations are devoid of efficacy in point of strict law, but are founded upon a moral duty, and may be made the basis of an express promise. A gratuitous consideration is one which is not founded upon any such loss, injury, or inconvenience to the party to whom it moves as to make it valid in law. Past consideration is an act done before the contract is made, and is really by itself no consideration for a promise. Anson, Cont 82. A nominal consideration is one bearing no relation to the real value of the contract or article, as where a parcel of land is described in a deed as being sold for "one dollar," no actual consideration passing, or the real consideration being concealed. This term is also sometimes used as descriptive of an inflated or exaggerated value placed upon property for the purpose of an exchange. Boyd v. Watson, 101 Iowa, 214, 70 N. W. 123. A sufficient consideration is one deemed by the law of sufficient value to support an ordinary contract between parties, or one sufficient to support the particular transaction. Golson v. Dunlap, 73 Cal. 157, 14 Pac. 576. for definition of an adequate consideration, see ADEQUATE. A legal consideration is one recognized or permitted by the law as valid and lawful; as distinguished from such as are Illegal or immoral. The term is also sometimes used as equivalent to "good" or "sufficient" consideration. See Sampson v. Swift 11 Vt 315; Albert Lea College v. Brown, 88 Minn. 524, 93 N. W. 672, 60 L. R. A. 870. A pecuniary consideration is a consideration for an act or forbearance which consists either in money presently passing or in money to be paid in the future, Including a promise to pay a debt in full which otherwise would be released or diminished by bankruptcy or insolvency proceedings. See Phelps v. Thomas, 6 Gray (Mass.) 328; In re Ekings (D. C.) 6 Fed. 170. Less...

(It is considered by the court) The formal and ordinary commencement of a judgment Baker v. State, 3 Ark. 491.

(It is considered by the court) The formal and ordinary commencement of a judgment Baker v. State, 3 Ark. 491. Less...

L. Lat It is considered. Held to mean the same with oon-sideratum est. 2 Strange, 874.

L. Lat It is considered. Held to mean the same with oon-sideratum est. 2 Strange, 874. Less...

In the civil law. TO deposit in the custody of a third person a thing belonging to the debtor, for the benefit of the creditor, under the authority of a court of justice. Poth. Obi. pt 3, c. 1, art 8. In commercial law. To deliver goods to a carrier More...

In the civil law. TO deposit in the custody of a third person a thing belonging to the debtor, for the benefit of the creditor, under the authority of a court of justice. Poth. Obi. pt 3, c. 1, art 8. In commercial law. To deliver goods to a carrier to be transmitted to a designated factor or agent Powell v. Wallace, 44 Kan. 656, 25 Pac. 42; Sturm v. Boker, 150 U. S. 812, 14 Sup. Ct 99, 37 L. Ed. 1093; Ide Mfg. Co. v. Sager Mfg. Co., 82 111. App. 685. To deliver or transfer as a charge or trust; to commit intrust give in trust; to transfer from oneself to the care of another; to send or transmit goods to a merchant or factor for sale. Gillespie v. Winberg, 4 Daly (N. Y.) 320. Less...

In Scotch law. The payment of money into the hands of a third party, when the creditor refuses to accept of it The person to whom the money is given is termed the "consignatory." Bell. In French law. A deposit which a debtor makes of the thing that he owes More...

In Scotch law. The payment of money into the hands of a third party, when the creditor refuses to accept of it The person to whom the money is given is termed the "consignatory." Bell. In French law. A deposit which a debtor makes of the thing that he owes into the hands of a third person, and under the authority of a court of justice. 1 Poth. ObL 536; Weld v. Hadley, 1 N. H. 304. Less...