Legal Term Dictionary

The act by which a person abandons and forsakes, without justification, or unauthorized, a station or condition of public or social life, renouncing Its responsibilities and evading its duties. In matrimonial and divorce law. An actual abandonment or breaking off of matrimonial cohabitation, by either of the parties, and a More...

The act by which a person abandons and forsakes, without justification, or unauthorized, a station or condition of public or social life, renouncing Its responsibilities and evading its duties. In matrimonial and divorce law. An actual abandonment or breaking off of matrimonial cohabitation, by either of the parties, and a renouncing or refusal of the duties and obligations of the relation, with an intent to abandon or forsake entirely and not to return to or resume marital relations, occurring without legal justification either in the consent or the wrongful conduct Of the other party. State v. Baker, 112 La. 801, 36 South. 7rt3; Bailey v. Bailey, 21 Grat (Va.) 47; Ingersoll v. Ingersoll, 49 Pa. 250, 88 Am. Dec. 500; Droege v. Droege, 55 Mo. App. 482; Bar-nett v. Bnrnett, 27 Ind. App. 466, 61 N. E. 737; Williams v. Williams, 130 N. Y. 193, 29 N. E. 96, 14 L. R. A. 220, 27 Am. St Rep. 517; Magrath v. Magrath, 103 Mass. 579, 4 Am. Rep. 579; Cass v. Cass, 31 N. J. Eq. 026 ; Ogilvie v. Ogllvie, 37 Or. 171, 61 Pac. 627; Tirrell v. Tirrell, 72 Conn. 567, 45 Atl. 153, 47 I R. A. 750; State v. Weber, 48 Mo. App. 504. In military law. An offense which consists in the abandonment of his post and duties by a person commissioned or enlisted in the army or navy,.without leave and with tbe intention not to .return. Holllngsworth v. Shaw, 19 Ohio St 432, 2 Am. Rep. 411; In re Sutherland (D. C.) 53 Fed; 551. - There is a difference between desertion and simple "absence without leave ;'* In order to constitute the former, there must be an intention not to return to the service. Hanson v. South Scituate, 115 Mass. 336. In maritime law. The act by which a seaman deserts and abandons a ship or vessel, in which he had engaged to perform a voyage, before the expiration of his time, and without leave. By desertion, in the maritime law, is meant not a mere unauthorized absence from the ship without leave, but an unauthorized absence, from the ship, with an intention not to return to her service, or, as it is often expressed, animo non revertendi; that is, , with an Intention to desert Coffin v. Jenkins, 3 Story, 108, Fed. Cas. No. 2,948; The Union (D. C.) 20 Fed. 639; The Mary .C. Conery (D. C.) 9 Fed. 223; The George, 10 Fed. Cas. 204. Less...

In Spanish law. Dishonor ; injury; slander. Las Partidas. pt 7, tit. 9, L 1, 6.

In Spanish law. Dishonor ; injury; slander. Las Partidas. pt 7, tit. 9, L 1, 6. Less...

In the law of evidence. Purpose or intention, combined with plan, or implying a plan in the mind. Burrill, Circ. Ev. 331; State v. Grant, 86 Iowa, 216, 53 N. W. 120; Ernest v. State, 20 Fla. 388; Hogan v. State, 36 Wis. 226. As a term of art, the More...

In the law of evidence. Purpose or intention, combined with plan, or implying a plan in the mind. Burrill, Circ. Ev. 331; State v. Grant, 86 Iowa, 216, 53 N. W. 120; Ernest v. State, 20 Fla. 388; Hogan v. State, 36 Wis. 226. As a term of art, the giving of a visible form to the conceptions of the mind, pr invention. Binns v. Woodruff, 4 Wash. C. C. 48, Fed: Cas. No. 1,424. In patent law. The drawing or depiction of an original plan or conception for a novel pattern, model, shape, or configuration, to be used in the manufacturing or textile arts or the fine arts, and chiefly of a decorative or ornamental character. "Design patents" are contrasted with "utility patents," but equally involve the exercise of the inventive or originative faculty. Gorham Co. v. White, 14 Wall. 524, 20 L. Ed. 731; Manufacturing Co. v. Odell (D. C.) 18 Fed. 321; Binns v. Woodruff, 3 Fed. Cas. 424; Henderson v. Tompkins (C. C.) 60 Fed. 758. "Design, in the view of the patent law, is that characteristic of a physical substance which, by means of lines, images, configuration* and the like, taken as a whole, makes an impression, through the eye, upon the mind of the observer. The essence of a design resides, not in the elements individually, nor in their method of arrangement, but in the tout ensemble-in that indefinable whole that awakens some sensation in the observer's mind. Impressions thus imparted may be complex or simple; in one a mingled impression of gracefulness and strength, in another the impression of strength alone. But whatever the impression, there is attached in the mind of the observer, to the object observed, a sense of uniqueness and character." Pelouse Scale Co. v. American Cutlery Co:, 102 Fed. 918* 43 C C. A. 52. Deaignatlo jnstieiariornm est a, reset jnrisdietio vero ordinaria a lose. 4 Inst 74. The appointment of justices is jby, the king, but their ordinary jurisdiction by the law. Less...

The description of a person or a party to a deed or contract Designatio unius est exolasio alteriua, et eapressum f aeit cessaae taciturn. Co. Litt 210. The specifying of one is the exclusion of another, and that which is expressed makes that which is understood to cease.

The description of a person or a party to a deed or contract Designatio unius est exolasio alteriua, et eapressum f aeit cessaae taciturn. Co. Litt 210. The specifying of one is the exclusion of another, and that which is expressed makes that which is understood to cease. Less...

A description or descriptive expression by which a person or thing is denoted in a will without using the name.

A description or descriptive expression by which a person or thing is denoted in a will without using the name. Less...

This term, used in a will in relation to the management and distribution of property, has been interpreted by the courts with different shades of meaning, varying from the mere expression of a preference to a positive command.* See McMurry v. Stanley, 09 Tex. 227, 6 S. W. 412; Stewart More...

This term, used in a will in relation to the management and distribution of property, has been interpreted by the courts with different shades of meaning, varying from the mere expression of a preference to a positive command.* See McMurry v. Stanley, 09 Tex. 227, 6 S. W. 412; Stewart v. Stewart 61 N, J. Eq. 25, 47 Ati. 638; In re Marti's Estate, 132 Cal. 666, 61 Pac. 964; Weber v. Bryant, 161 Mass. 400, 37 N. E. 203; Appeal of City of Philadelphia, 112 Pa. 470, 4 Atl.. 4; Meehan v. Brennan, 16 App. Div. 395, 45 N. Y. Supp. 57; Brasher v. Marsh, 15 Ohio St 111; Major v. Herndon, 78 Ky. 123. Less...

A term used in the Spanish law, denoting the act by which the boundaries of an estate or portion of a country are determined.

A term used in the Spanish law, denoting the act by which the boundaries of an estate or portion of a country are determined. Less...

In Spanish law. Persons deprived of memory. White, New Recop. b. 1, tit 2, c. 1, | 4.

In Spanish law. Persons deprived of memory. White, New Recop. b. 1, tit 2, c. 1, | 4. Less...

In maritime law. Persons appointed to settle cases of average.

In maritime law. Persons appointed to settle cases of average. Less...

Official communications of official persons on the affairs of government.

Official communications of official persons on the affairs of government. Less...