Legal Term Dictionary

An event that may or may not happen, a doubtful or uncertain future event. The quality of being contingent. A fortuitous event, which comes without design, foresight or expectation. A contingent expense must be deemed to be an expense depending upon some future uncertain event. People v. Yonkers, 39 Barb. More...

An event that may or may not happen, a doubtful or uncertain future event. The quality of being contingent. A fortuitous event, which comes without design, foresight or expectation. A contingent expense must be deemed to be an expense depending upon some future uncertain event. People v. Yonkers, 39 Barb. (N. Y.) 272. —Contingency of a process. In Scotch law. Where two or more processes are so connected that the circumstances of the one are likely to throw light on the others, the process first enrolled is considered as the leading process, and those subsequently brought into court, if not brought in the same division, may be remitted to it, ob contingentiam, on account of their nearness or proximity in character to it. The effect of remitting processes in this manner is merely to bring them before the same division of the court or same lord ordinary. In other respects they remain distinct. Bell.—Contingency with double aspect. A remainder is said to be "in a contingency with double aspect" when there is another remainder limited on the same estate, not in derogation of the first but as a substitute for it in case it should fail Fearne, Rem. 373. Less...

Possible, but not assured; doubtful or uncertain, conditioned upon the occurrence of some future event which la itself uncertain, or questionable. Verdier v. Roach, 96 Cal. 467, 31 Pac. 554. This term, when applied to a use, remainder, devise, bequest, or other legal right or interest implies that no present More...

Possible, but not assured; doubtful or uncertain, conditioned upon the occurrence of some future event which la itself uncertain, or questionable. Verdier v. Roach, 96 Cal. 467, 31 Pac. 554. This term, when applied to a use, remainder, devise, bequest, or other legal right or interest implies that no present interest exists, and that whether such interest or right ever will exist depends upon a future uncertain event Jemison v. Blowers, 5 Barb. Less...

In old English law. A formal claim made by a party entitled to enter upon any lands or tenements,, but deterred from such entry by menaces, or bodily fear, for the purpose of preserving or keeping alive his right It was called "continual," because It was required to be repeated More...

In old English law. A formal claim made by a party entitled to enter upon any lands or tenements,, but deterred from such entry by menaces, or bodily fear, for the purpose of preserving or keeping alive his right It was called "continual," because It was required to be repeated once in the apace of every year and day. It had to be made as near to the land as the party could approach with safety, and, when made.in due form,'had the same effect with, and in all respects amounted to, a legal entry. Litt. §§ 419-423; Co. Litt. 250a; 3 Bl. Comm. 175. Less...

The adjournment or postponement of an action pending in a court, to a subsequent day of the same or another term. Com. v. Maloney, 145 Mass. 205, 13 N. E. 482; State v.* Underwood, 76 Mo. 630. Also the entry of a continuance made upon the record of the court More...

The adjournment or postponement of an action pending in a court, to a subsequent day of the same or another term. Com. v. Maloney, 145 Mass. 205, 13 N. E. 482; State v.* Underwood, 76 Mo. 630. Also the entry of a continuance made upon the record of the court for the purpose of formally evidencing the postponement or of connecting the parts of the record so as to make one continuous whole. Less...

In pleading. A form of allegation in which the trespass, criminal offense, or other wrongful act complained of is charged to have been committed on a specified day and to have "continued" to the present time, or is averred to have been committed at divers days and times within a More...

In pleading. A form of allegation in which the trespass, criminal offense, or other wrongful act complained of is charged to have been committed on a specified day and to have "continued" to the present time, or is averred to have been committed at divers days and times within a given period or on a specified day and on divers other days and times between that day and another. This is called "laying the time with a continuando." Benson v. Swift, 2 Mass. 52; People v. Sullivan, 9 Utah, 195, 83 Pac. 701. Less...

Enduring; not terminal ed by a single act or fact; subsisting for a definite period or intended to cover or apply to successive similar obligations or occurrences. As to continuing "Consideration," "Covenant," "Damages," "Guaranty," "Nuisance," and "Offense," see those titles.

Enduring; not terminal ed by a single act or fact; subsisting for a definite period or intended to cover or apply to successive similar obligations or occurrences. As to continuing "Consideration," "Covenant," "Damages," "Guaranty," "Nuisance," and "Offense," see those titles. Less...

Uninterrupted; unbroken; not Intermittent or occasional; so persistently repeated at short lutervals as to constitute virtually an unbroken series. Black v. Canal Co., 22 N. J. Eq. 402; Hofervs Appeal, 116 Pa. 360, 9 Atl. 441; Ingraham v. Hough, 46 N. C. 43. —Continuous adverse use. Is interchangeable with the More...

Uninterrupted; unbroken; not Intermittent or occasional; so persistently repeated at short lutervals as to constitute virtually an unbroken series. Black v. Canal Co., 22 N. J. Eq. 402; Hofervs Appeal, 116 Pa. 360, 9 Atl. 441; Ingraham v. Hough, 46 N. C. 43. —Continuous adverse use. Is interchangeable with the term "uninterrupted adverse use." Davidson v. Nicholson, 59 Ind. 411.—Continuous Injury. One recurring at repeated intervals, so as to be of repeated occurrence; not necessarily an injury that never ceases. Wood v. Sutcliffe, 8 Eng. Law & Eq. 217. As to continuous "Crime" and "Easements," see those titles. Less...

Against, confronting, opposite to; on the other hand; on the contrary. The word is used in many Latin phrases, as appears by the following titles. In the books of reports, contra, appended to the name of a judge or counsel, indicates that he held a view of the matter in More...

Against, confronting, opposite to; on the other hand; on the contrary. The word is used in many Latin phrases, as appears by the following titles. In the books of reports, contra, appended to the name of a judge or counsel, indicates that he held a view of the matter in argument contrary to that next before advanced. Also, after citation of cases in support of a position, contra is often prefixed to citations of cases opposed to it. —Contra bonos mores. Against good morals. Contracts contra bonos mores are void.—Contra formam oollationis. In old English law. A writ that issued where lands given in perpetual alms to lay houses of religion, or to an abbot and convent, or to the warden or master of an hospital and his convent, to find certain poor men with necessaries, and do divine service, etc., were alienated, to the disherison of the house and church. By means of this writ the donor or his heirs could recover the lands. Reg. Orig. 238: Fitzh. Nat. Brev. 210.—Contra formam doni. Against the form of the grant. See FORMED ON.—Contra formam feoffa-menti. In old English law. A writ that lay for the heir of a tenant, enfeoffed of certain lands or tenements, by charter of feoffment from a lord to make certain services and suits to his court, who was afterwards distrained for more services than were mentioned in the charter. Reg. Orig. 176; Old Nat Brev. 162.—Contra formam statnti. In criminal pleading. (Contrary to the form of the statute in such case made and provided.) The usual conclusion of every indictment, etc., brought for an offense created by statute.—Contra Jus belli. Lat Against the law of war. 1 Kent. Comm. 6.— Contra jus commune. Against common right or law; contrary to the rule of the common law. Bract, fol. 486.—Contra legem tome. Against the law of the land.—Contra omnei gentes. Against all people. Formal words in old covenants of warranty. Fleta, lib. 3, c. 14, f 11.—Contra pacom. Against the peace. A phrase used in the Latin forms of indictments, and also of actions for trespass, to signify that the offense alleged was committed against the public peace, i. e.t involved a breach of the peace. The full formula was contra pacem domini regis, against the peace of the lord the king. In modern pleading, in this country, the phrase "against the peace of the commonwealth" or "of the people" is used.— Contra proferentem. Against the party who proffers or puts forward a thing.—Contra tabula*. In the civil law. Against the will, (testament.) Dig. 37, 4.—Contra vadium et plagium. In old English law. Against gage and pledge. Bract fol. 15 b. Contra legem faclt qui id faoit quod lex prohibit; in frandom vero qui, salvia verbis legis, sententiam ejus ciroum-venit. He does contrary to the law who does what the law prohibits; he acts in fraud of the law who, the letter of the law being inviolate, uses the law contrary to Its intention. Dig. 1, 3, 29. Contra negantem principia non est disputandum. There is no disputing against one who denies first principles. Co. Litt 343. Contra non valentem agoro nulla cur-rit prsescriptio. No prescription runs against a person unable to bring an action. Broom, Max. 903 Contra voritatcm lex nunquam aliquid pormittit. The law never suffers anything contrary to truth. 2 Inst 252. Less...

Against law or treaty; prohibited. Goods exported from or imported into a country against its laws. Brande. Articles, the Importation or exportation of which is prohibited by law. P. Enc

Against law or treaty; prohibited. Goods exported from or imported into a country against its laws. Brande. Articles, the Importation or exportation of which is prohibited by law. P. Enc Less...

Certain classes of merchandise, such as arms and ammunition, which, by the rules of international law, cannot lawfully be furnished or carried by a neutral nation to either of two belligerents; if found in transit in neutral vessels, such goods may be seized and condemned for violation of neutrality. The More...

Certain classes of merchandise, such as arms and ammunition, which, by the rules of international law, cannot lawfully be furnished or carried by a neutral nation to either of two belligerents; if found in transit in neutral vessels, such goods may be seized and condemned for violation of neutrality. The Pet-erhoff, 5 Wall. 58. 18 L. Ed. 564; Richardson v. Insurance Co., 6 Mass. 114, 4 Am. Dec. 92. A recent American author on international law says that, "by the term 'contraband of war,' we now understand a class of articles of commerce "which neutrals are prohibited from furnishing to either one of the belligerents, for the reason that, by so doing, injury is done to the other belligerent;" and he treats of the subject, chiefly, in its relation to commerce upon the high seas. Hall, Int. Law, 570, 692; El-rod v. Alexander, 4 Heisk. (Tenn.) 345. Less...