Legal Term Dictionary

In Spanish law. A contract by which one person lends gratuitously to another some object not consumable, to be restored to him in kind at a given period; the same contract as commodatum,

In Spanish law. A contract by which one person lends gratuitously to another some object not consumable, to be restored to him in kind at a given period; the same contract as commodatum, Less...

In the civil law. He who lends to another a thing for a definite time, to be enjoyed and used under certain conditions, without any pay or reward, is called "commodans;" the person who receives the thing is called "commodatariua," and the contract is called "commodatum.*9 It differs from locatio More...

In the civil law. He who lends to another a thing for a definite time, to be enjoyed and used under certain conditions, without any pay or reward, is called "commodans;" the person who receives the thing is called "commodatariua," and the contract is called "commodatum.*9 It differs from locatio and conductio, in this: that the use of the thing is gratuitous. Dig. 13, 6; Inst 3, 2, 14; Story, Bailm. § 221. Coggs v. Bernard, 2 Ld. Raym. 009; Adams v. Mortgage Co., 82 Miss. 263, 34 South. 482, 17 L. R. A. (N. S.) 138, 100 Am. St Rep. 633; World's Columbian Exposition Co. v. Republic of France, 96 Fed. 693, 38 0. C. A. 483. Less...

Goods, wares, and merchandise of any kind; movables; articles of trade or commerce. Best v. Bauder, 29 How. Prac. (N. Y.) 492; Portland Bank Apthorp, 12 Mass. 256; Queen Ins. Co. v. State, 86 Tex. 250, 24 S. W. 397, 22 L. R. A. 483. Commodum ex injuria inA nemo More...

Goods, wares, and merchandise of any kind; movables; articles of trade or commerce. Best v. Bauder, 29 How. Prac. (N. Y.) 492; Portland Bank Apthorp, 12 Mass. 256; Queen Ins. Co. v. State, 86 Tex. 250, 24 S. W. 397, 22 L. R. A. 483. Commodum ex injuria inA nemo habere debet. Jenk. Cent. 161. No person ought to have advantage from his own wrong. Less...

n. An incorporeal hereditament which consists in a profit which one man has in connection with one or more others in the land of another. Trustees v. Robinson, 12 Serg. A R. More...

n. An incorporeal hereditament which consists in a profit which one man has in connection with one or more others in the land of another. Trustees v. Robinson, 12 Serg. A R. Less...

As an adjective, this word denotes usual, ordinary, accustomed; shared amongst several; owned by several Jointly. State v.. O'Conner, 49 Me. 596; Keen State, 35 Neb. 676, 53 N. W. 595, 17 L. R. A. 821; Aymette v. State, 2 Humph. (Tenn.) 154. The several modes or instruments of conveyance More...

As an adjective, this word denotes usual, ordinary, accustomed; shared amongst several; owned by several Jointly. State v.. O'Conner, 49 Me. 596; Keen State, 35 Neb. 676, 53 N. W. 595, 17 L. R. A. 821; Aymette v. State, 2 Humph. (Tenn.) 154. The several modes or instruments of conveyance established or authorized by the law of England. Called "common" because thereby every man'* estate is assured to him. 2 Bl. Comm. 294. The legal evidences of the translation of property, whereby every person's estate is assured to him, and all controversies, doubts, and difficulties are either prevented or removed. Wharton.—Common fine. In old English i law. A certain sum of money which the residents in a leet paid to the lord of the leet, otherwise called "head silver," "cert money," (q. v.,) or **certum leta." Termes de la Ley; Cowell. A sum of money paid by the inhabitants of a manor to their lord, towards the charge of holding a court leet. Bailey, Diet.—Common form. A will is said to be proved in common form when the executor proves it on his own oath; as distinguished from "proof by witnesses," which is necessary when the paper propounded as a will is disputed. Hubbard v. Hubbard, 7 Or. 42; Richardson v. Green. 61 Fed. 423, 9 C. C. A. 5ft5: In re Straub, 49 N. J. Eq. 264, 24 Atl. 569; Sutton v. Hancock, 118 Ga. 436, 45 S. E. 504.—Common ball. A court in the city of London, at which all the citizens, or such as are free of the city, have a right to attend.— Common learning. Familiar law or doctrine. Dyer, 27b. 33.—Common place. Common pleas. The English court of common pleas is sometimes so called in the old books.—Common prayer. The liturgy, or public form of B rayer prescribed by the Church of England to e used in all churches and chapels, and which the clergy are enjoined to use under a certain penalty.—Common repute. The prevailing belief in a given community as to the existence of a certain fact or aggregation of facts. Brown v. Foster, 41 S. C. 118, 19 S. E. 299. right. A term applied to rights^ mon law. Co. Inst. 142a; Spring Valley Waterworks v. Schottler, 62 Cal. 106.—Common seller. A common seller of any commodity (particularly under the liquor laws of many states) is one who sells it frequently, usually, customarily, or habitually; in some states, oae who is shown to have made a certain number of sales, either three or five. State v. O'Conner, 49 Me. 596; State v. Nutt, 28 Vt. 598; Moundsville v. Fountain, 27 W. Va. 194; Com. v. Tubbs, 1 Cush. (Mass.) 2.—Common sense. Sound practical judgment; that degree of intelligence and reason, as exercised upon the relations of persons and things and the ordinary affairs of life, which is possessed by the generality of mankind, and which would suffice to direct the conduct and actions of the individual in a manner to agree with the behavior of ordinary persons.—Common thief. One who by practice and habit is a thief; or. in some states, one who has been convicted of three distinct larcenies at the same term of court World v. State, 50 Md. 54; Com. v. Hope, 22 Pick. (Mass.) 1; Stevens v. Com., 4 Mete. (Mass.) 364.—Common weal. The public or common good or welfare. As to common "Bail," "Barretor," •'Carrier," "Chase," "Council," "Counts," "Diligence," "Day," "Debtor," "Drunkard," "Error," "Fishery," "Highway," "Informer," "Inn," "Intendment," "Intent," "Jury," "Labor," "Nuisance," "Property," "School," "Scold," "Stock," "Seal," "Sergeant," "Traverse," "Vouchee," "Wall," see those titles. For Commons, House of, see HOUSE OF COMMONS. Less...

In pleading. (Otherwise called, "blank bar.") A plea to compel the plaintiff to assign the particular place where the trespass has been committed. Steph. PI. 256.

In pleading. (Otherwise called, "blank bar.") A plea to compel the plaintiff to assign the particular place where the trespass has been committed. Steph. PI. 256. Less...

The English court of common pleas was formerly so called. Its original title appears to have been simply "The Bench," but it was designated "Common Bench" to distinguish it from the "King's Bench," and because in it were tried and determined the causes of common persons, i. e., causes between More...

The English court of common pleas was formerly so called. Its original title appears to have been simply "The Bench," but it was designated "Common Bench" to distinguish it from the "King's Bench," and because in it were tried and determined the causes of common persons, i. e., causes between subject and subject in which the crown had no Interest Less...

1. As distinguished from the Roman law, the modem civil law, the canon law, and other systems, the common law is that body of law and juristic theory which was originated, developed, and formulated and is administered in England, and has obtained among most of the states and peoples of More...

1. As distinguished from the Roman law, the modem civil law, the canon law, and other systems, the common law is that body of law and juristic theory which was originated, developed, and formulated and is administered in England, and has obtained among most of the states and peoples of Anglo-Saxon stock. Lux v. Haggin, 69 Cal. 255, 10 Pac 674. 2. As distinguished from law created by the enactment of legislatures, the commou law comprises the body of those principles and rules of action, relating to the government and security of persons and property, which derive their authority solely from usages and customs of immemorial antiquity, or from the judgments and decrees of the courts recognizing, affirming, and enforcing such usages and customs; and, in this sense, particularly the ancient unwritten law of England. Western Union Tel. Co. v. Call Pub. Co., 181 U. S. 92, 21 Sup. Ct 661, 46 L. Ed. 765; State v. Buchanan, 5 Har. & J. (Md.) 365, 9 Am. Dec. 534; Lux v. Haggin, 69 Cal. 255, 10 Pac 674; Barry v. Port Jer-vis, 64 App. Div. 268, 72 N. Y. Supp. 104. 3. As distinguished from equity law, it is a body of rules and principles, written or unwritten, which are of fixed and immutable authority, and which must be applied to controversies rigorously and in their entirety, and cannot be modified to suit the peculiarities of a specific case, or colored by any judicial discretion, and which rests confessedly npon custom or statute, as distinguished from any claim to ethical superiority. Kle-ver T. Seawall, 65 Fed. 395, 12 C. C. A. 661. 4. As distinguished from ecclesiastical law, It is the system of jurisprudence administered by the purely secular tribunals. 5. As concerns its force and authority in the United States, the phrase designated that portion of the common law of England (including such acts of parliament as were applicable) which had been adopted and was in force here at the time of the Revolution. This, so far as it has not since been expressly abrogated, is recognized as an organic part of the jurisprudence of most of the United States. Browning v. Browning, 3 N. M. 371, 9 Pac 677; Guardians of Poor v. Greene, 0 Bin. (Pa.) 557; U. S. v. New Bedford Bridge, 27 Fed. Cas. 107. 6. In a wider sense than any of the foregoing, the "common law" may designate all that part of the positive law, juristic theory, and ancient custom of any state or nation which is of general and universal application, thus marking off special or local rules or customs. As a compound adjective "common-law" Is understood as contrasted with or opposed to "statutory," and sometimes also to "equitable" or to "criminal." See examples below. —Common-law action. A civil suit, as distinguished from a criminal prosecution or a proceeding to enforce a penalty or a police regu-ition; not necessarily an action which would fie at common law. Kirby v. Railroad Co. (C. C.) 106 Fed. 551; U. S. v. Block, 24 Fed. Cas. 1,174.—Common-law assignments. Such forms of assignments for the benefit of creditors as were known to the common law, as distinguished from such as are of modern invention or authorized by statute. Ontario Bank 'v. Hurst, 103 Fed. 231, 43 C. C. A. 193.—Common-law cheat The obtaining of money or property by means of a false token, symbol, or device; this being the definition of a cheat or "cheating" at common law. State v. Wilson, 72 Minn. 522, 75 N. W. 715; State v. Renick, 33 Or. 584, 56 Pac. 275, 44 L. R. A. 266. 72 Am. St. Rep. 758.—Common-law courts. In England, those administering the common law. Equitable L. Assur. Soc. v. Paterson, 41 Ga, 364, 5 Am. Rep. 535.—Common-law crime. One punishable by the force of the common law, as distinguished from crimes created by statute. In re Greene (C. O.) 52 Fed. 104.— Common-law jurisdiction. Jurisdiction of a court to try and decide such cases as .were cognisable by the courts of law under the English common law; the jurisdiction of those courts which exercise thefr judicial powers according to the course of the .common law. People v. McGowan. 77 111. 644, 20 Am. Rep. 254; n re Conner, 39 Cal. 98, 2 Am. Rep. 430: U. S. v. Power, 27 Fed. Cas. 607.—Common-law lion. One known to or granted by the common law, as distinguished from statutory, equitable, and maritime liens; also one arising by implication of law, as distinguished from one created by the agreement of the parties. The Menominie (D. C.) 36 Fed. 197; Tobacco Warehouse Co. v. Trustee, 117 Ky. 478, 78 S. W. 413, 64 LL R. A. 219.—Common-law marriage. One not solemnised in the ordinary wav, but created by an agreement to marry, followed by cohabitation; a consummated agreement to marry, between a man and a woman, per verba de present!, followed by cohabitation. Taylor v. Taylor, 10 Colo. Appv 303, 50 Pac. 1049; Cuneo v. De Cuneo, 24 Tex. Civ. App. 436, 59 S. W. 284; Morrill v. Palmer. 68 Vt. 1, 33 Atl. 829. 33 L. R. A. 411.— Common-law mortgage. One possessing the characteristics or fulfilling the requirements of a mortgage at common law; not known in Louisiana, where the civil law prevails; but such a mortgage made in another state and affecting lands in Louisiana, will be given effect there as a "conventional" mortgage, affecting third persons after due inscription. Gates v. Gaither, 46 La. Ann. 286, 15 South. 50.— Common-law procedure acts. Three acts of parliament, passed in the years 1852, 1854. and 1860, respectively, for the amendment of the procedure in the common-law courts. Tbe common-law procedure act of 1852 Is St. 15 A 16 Vict. c. 76: that of 1854. St. 17 & 18 Vict, c 125; and that of 1860. St. 23 A.24 Vict c. 12a Mozley A Whitley.—Common-law wife. A woman who was party to a "common-law marriage," as above defined: or one who, having lived with a man in a relation of concubinage during his life, asserts a claim, after his death, to have been his wife according to the requirements of the common law. In re Brush, 25 Anp. Div. 610. 49 N. Y. Supp. 803. —Common lawyer. A lawyer learned in the common law. Common opinion is good authority in law. Co. Litt 186a; Bank of Utica v. Mer-sereau, 3 Barb. Ch. (N. Y.) 528, 577, 49 Am. Dec 189. Less...

The name of a court of record having general original jurisdiction in civil suits. Common causes or suits. A term anciently nsed to denote civil actions, or those depending between subject and subject, as distinguished from pleas of the croton. Dallett v. Feltus, 7 Phila. (Pa.) 627.

The name of a court of record having general original jurisdiction in civil suits. Common causes or suits. A term anciently nsed to denote civil actions, or those depending between subject and subject, as distinguished from pleas of the croton. Dallett v. Feltus, 7 Phila. (Pa.) 627. Less...

In English law. (So called because its original jurisdiction was to determine controversies between subject and subject) One of the three superior courts of common law at Westminster, presided oyer by a lord chief justice and five (formerly four, until 31 A 32 Vict c. 125, § 11, subsec. 8) More...

In English law. (So called because its original jurisdiction was to determine controversies between subject and subject) One of the three superior courts of common law at Westminster, presided oyer by a lord chief justice and five (formerly four, until 31 A 32 Vict c. 125, § 11, subsec. 8) puisne judges. It was detached from the king's court (aula regis) as early as the reign of Richard I., and the fourteenth clause of Magna Charta enacted that it should not follow the king's court, but be held in some certain place. Its jurisdiction was altogether confined to civil matters, having no cognizance in criminal cases, and was concurrent with that of the queen's bench and exchequer in personal actions and ejectment Wharton. Less...