Legal Term Dictionary

In civil practice. In those states having a Code of Civil Procedure, the complaint is the first or initiatory pleading on the part of the plaintiff in a civil action. It corresponds to the declaration In the common-law practice. Code N. Y. § 141; Sharon v. Sharon, 67 Cal. 185, More...

In civil practice. In those states having a Code of Civil Procedure, the complaint is the first or initiatory pleading on the part of the plaintiff in a civil action. It corresponds to the declaration In the common-law practice. Code N. Y. § 141; Sharon v. Sharon, 67 Cal. 185, 7 Pac. 456; Railroad Co. v. Young, 154 Ind. 24, 55 N. E. 853; McMath v. Parsons, 26 Minn. 246, 2 N. W. 703. The complaint shall contain: (1) The title of the cause, specifying the name of the court m. which the action is brought, the name of the county in which the trial is required to be had, and the names of the parties to the action, plaintiff and defendant. (2) A plain and concise statement of the facts constituting a cause of action, without unnecessary repetition; and each material allegation shall be distinctly numbered. (3) A demand of the relief to which the plaintiff supposes himself entitled. If the recovery of money be demanded, the amount thereof must be stated. Code N. C. 1883, § 233. —Cross-complaint. In code practice. Whenever the defendant seeks affirmative relief against any party, relating to or depending upon the contract or transaction upon which the action is brought, or affecting the property to which the action relates, he may, in addition to his answer, file at the same time, or by permission of the court subsequently, a cross-complaint The cross-complaint must be served upon the parties affected thereby, and such parties may demur or answer thereto as to the original complaint Code Civ. Proc. Cal. § 442; Stand-ley v. Insurance Co., 95 Ind. 254; Harrison v. McCormick, 69 Cal. 616, 11 Pac. 456; Bank v. Ridpath, 29 Wash. 687, 70 Pac. 139. In criminal law. A charge, preferred before a magistrate having jurisdiction, that a person named (or an unknown person) has committed a specified offense, with an offer to prove the fact, to the end that a prosecution may be instituted. It is a technical term, descriptive of proceedings before a magistrate. Hobbs v. Hill, 157 Mass. "556, 32 N. E. 862; Com. v. Davis, 11 Pick. (Mass.) 436; U. S. v. Collins (D. C.) 79 Fed. 66; State v. Dodge Co., 20 Neb. 595, 31 N. W. 117. The complaint is an allegation, made before a proper magistrate, that a person has been guilty of a designated public offense. Code Ala. 1886, § 4255. Less...

adj. 1. Full; entire; including every item or element of the thing spoken of, without omissions or deficiencies; as, a "complete" copy, record, schedule, or transcript. Yeager v. Wright, 112 Ind. 230, 13 N. B. 707; Anderson v. Ackerman, 88 Ind. 490; Bailey v. Martin, 119 Ind. 103, 21 N. More...

adj. 1. Full; entire; including every item or element of the thing spoken of, without omissions or deficiencies; as, a "complete" copy, record, schedule, or transcript. Yeager v. Wright, 112 Ind. 230, 13 N. B. 707; Anderson v. Ackerman, 88 Ind. 490; Bailey v. Martin, 119 Ind. 103, 21 N. B. 346. 2. Perfect; consummate; not lacking in any element or particular; as in the case of a "complete legal title" to land, which Includes the possession, the right of possession, and the right of property. Dingey v. Paxton, 60 Miss. 1054; Ehle v. Quacken-boss, 6 Hill (N. Y.) 537. Less...

One who is united with others in an ill design; an associate; a confederate; an accomplice.

One who is united with others in an ill design; an associate; a confederate; an accomplice. Less...

Sound of mind. Having use and control of one's mental faculties.

Sound of mind. Having use and control of one's mental faculties. Less...

Having the use of one's limbs, or the power of bodily motion. SI fuit ita compos sui quod itinerate potuit de loco in locum, if he had so far the use of his limbs as to be able to travel from place to place. Bract, fol. 14b.

Having the use of one's limbs, or the power of bodily motion. SI fuit ita compos sui quod itinerate potuit de loco in locum, if he had so far the use of his limbs as to be able to travel from place to place. Bract, fol. 14b. Less...

The ordinance of measures. The title of an ancient ordinance, not printed, mentioned In the statute 23 Hen. VIII. c 4; establishing a standard of measures. 1 Bl. Comm. 275.

The ordinance of measures. The title of an ancient ordinance, not printed, mentioned In the statute 23 Hen. VIII. c 4; establishing a standard of measures. 1 Bl. Comm. 275. Less...

The statute of ells and perches. The title of an English statute establishing a standard of measures. 1 Bl. Comm. 275.

The statute of ells and perches. The title of an English statute establishing a standard of measures. 1 Bl. Comm. 275. Less...

An agreement, made upon a sufficient consideration, between an Insolvent or embarrassed debtor and his creditors, whereby the latter, for the sake of immediate payment, agree to accept a dividend less than the whole amount of their claims, to be distributed pro rata, In discharge and satisfaction of the whole. More...

An agreement, made upon a sufficient consideration, between an Insolvent or embarrassed debtor and his creditors, whereby the latter, for the sake of immediate payment, agree to accept a dividend less than the whole amount of their claims, to be distributed pro rata, In discharge and satisfaction of the whole. Bank v. McGeoch, 92 Wis. 286, 66 N. W. 606; Crossley v. Moore, 40 N. J. Law, 27; Crawford v. Krueger, 201 Pa. 348, 50 Atl. 931; In re Merrlman's Estate, 17 Fed. Cas. 131; Chapman v. Mfg. Co., 77 Me. 210; In re Ad-ler (D. C) 303 Fed. 444. "Composition" should be distinguished from "accord." The latter properly denotes an arrangement between a debtor and a single creditor for a discharge of the obligation by a part payment or on different terms. The former esignates an arrangement between a debtor and the whole body of his creditors (or at least a considerable proportion of them) for the liquidation of their claims by the dividend offered. In ancient law. Among the Franks, Goths, Burgundians, and other barbarous peoples, this was the name given to a sum of money paid, as satisfaction for a wrong or personal injury, to the person harmed, or to his family if he died, by the aggressor. It was originally made by mutual agreement of the parties, but afterwards established by law, and took the place of private physical vengeance. —Composition deed. An agreement embodying the terms of a composition between a debtor and his creditors.—Composition in bankruptcy. An arrangement between a bankrupt and his creditors, whereby the amount he can be expected to pay is liquidated, and he is allowed to retain his assets, upon condition of his making the payments agreed upon.—Composition of matter. In patent law. A mixture or chemical combination of materials. Goodyear v. Railroad Co., 10 Fed. Cas. 664; Cahill v. Brown, 4 Fed. Cas. 1005; Jacobs v. Baker. 7 Wall. 295, 19 L. Ed. 200.—Composition of tithes, or real composition. This arises in English ecclesiastical law, when an agreement is made between the owner of lands and the incumbent of a benefice, with the consent of the ordinary and the patron, that the lands shall, for the future, be discharged from payment of tithes, by reason of some land or other real recompense given in lieu and satisfaction thereof. 2 Bl. Comm. 28; 3 Steph. Comm. 129. Less...

In old English law. A party accounting. Fleta, lib. 2, c. 71, | 17.

In old English law. A party accounting. Fleta, lib. 2, c. 71, | 17. Less...

v. To compromise; to effect a composition with a creditor; to obtain discharge from a debt by the payment of a smaller sum. Bank v. Malheur County, 30 Or. 420, 45 Pac. 781, 35 L. R. A. 341; Haskins v. Newcomb, 2 Johns. (N. Y.) 405; Pennell v. Rhodes, 9 More...

v. To compromise; to effect a composition with a creditor; to obtain discharge from a debt by the payment of a smaller sum. Bank v. Malheur County, 30 Or. 420, 45 Pac. 781, 35 L. R. A. 341; Haskins v. Newcomb, 2 Johns. (N. Y.) 405; Pennell v. Rhodes, 9 Q. B. 114. Less...