Legal Term Dictionary

In the Roman law, from which they are taken, the expressions "in rem*' and "in personam** were always opposed to one another, an act or proceeding in personam being one done or directed against or with reference to a specific person, while an act or proceeding in rem was one More...

In the Roman law, from which they are taken, the expressions "in rem*' and "in personam** were always opposed to one another, an act or proceeding in personam being one done or directed against or with reference to a specific person, while an act or proceeding in rem was one done or directed with reference to no specific person, and consequently against or with reference to all whom it might concern, or "all the world/' The phrases were especially applied to actions; an actio in personam being the remedy where a claim against a specific person arose out of an obligation, whether ex contractu or ex maleflcio, while an actio in rem was one brought for the assertion of a right of property, easement, status, etc., against one who denied or infringed it. See Inst 4, 6, 1; Gaius, 4> 1, 1-10; 5 Sav. Syst. 13, et seq.; Dig. 2, 4, 7, 8; Id. 4, 2, 9, 1. From this use of the terms, they have come to be applied to signify the antithesis of "available against a particular person," and "available against the world at large." Thus, jura in personam- are rights primarily available against specific persons; jura in rem, rights only available against the world at large. So a judgment or decree is said to be in rem when it binds third persons. Such is the sentence of a court of admiralty on a question of prize, or a decree of nullity or dissolution of marriage, or a decree of a court in a foreign country as to the status of a person domiciled there. Lastly, the terms are sometimes used to signify that a judicial proceeding operates on a thing or a person. Thus, it is said of the court of chancery that it acts in personam, and not in rem, meaning that its decrees operate by compelling defendants to do what they are ordered to do, and not by producing the effect directly. Sweet See Cross v. Armstrong, 44 Ohio St 613, 10 N. E. 160; Cunningham v. Shanklln, 60 Cal. 125; Hill v. Henry. 66 N. J. Eq. 150, 57 Atl. 555. In personam actio est, qna onm eo agimns qui obligatns est nobis ad faciendum aliqnid vel dandnm. The action in personam is that by which we sue him who is under obligation to us to do some- ' thing or give something. Dig. 44, 7, 25; Bract 101b. Less...

For pious uses; for religious purposes. 2 Bl. Comm. 505.

For pious uses; for religious purposes. 2 Bl. Comm. 505. Less...

In mining law, rock or mineralised matter is "in place" when remaining as nature placed it, that is, unsevered from the circumjacent rock, or which is fixed solid and immovable in the form of a vein or lode. See Williams v. Gibson, 84 Ala. 228, 4 South. 350, 5 Am. More...

In mining law, rock or mineralised matter is "in place" when remaining as nature placed it, that is, unsevered from the circumjacent rock, or which is fixed solid and immovable in the form of a vein or lode. See Williams v. Gibson, 84 Ala. 228, 4 South. 350, 5 Am. St. Rep. 368 ; Stevens v. Williams, 23 Fed. Cas. 44; Tabor v. Dexler, 23 Fed. Cas. 615; Leadville Co. v. Fitzgerald, 15 Fed. Cas. 99; Jones v. Prospect Mountain Tunnel Co., 21 Nev. 339, 31 Pac. 645. Less...

In full life. Yearb. P. 18 Hen. VI. 2.

In full life. Yearb. P. 18 Hen. VI. 2. Less...

In full county court 3 Bl. Comm. 36.

In full county court 3 Bl. Comm. 36. Less...

In public; in common knowledge; in the light of day. In pcenalibu* eanals benignius inter* pretandum est. In penal causes or cases, the more favorable interpretation should be adopted. Dig. 50, 17, (197), 155, 2; Plowd 86b, 124; 2 Hale, P. C. 365.

In public; in common knowledge; in the light of day. In pcenalibu* eanals benignius inter* pretandum est. In penal causes or cases, the more favorable interpretation should be adopted. Dig. 50, 17, (197), 155, 2; Plowd 86b, 124; 2 Hale, P. C. 365. Less...

In possibility; not in actual existence. See IN Essie.

In possibility; not in actual existence. See IN Essie. Less...

In the power of a parent. Inst 1, 8, pr.; I

In the power of a parent. Inst 1, 8, pr.; I Less...

In confirmation or attestation of the premises. A notarial phrase. In prstparatorils ad judicium favetur aotori. 2 Inst. 57. In things preceding Judgment the plaintiff is favored.

In confirmation or attestation of the premises. A notarial phrase. In prstparatorils ad judicium favetur aotori. 2 Inst. 57. In things preceding Judgment the plaintiff is favored. Less...

At the present time. 2 Bl. Comm. 166. Used in opposition to in futuro. See Van Wyck v. Knevals, 106 U. S. 860, 1 Sup. Ct 336, 27 L Ed. 201. In prsssentia majoris potestatis, minor potestas ccssat. In the presence of the superior power, the inferior power ceases. Jenk. More...

At the present time. 2 Bl. Comm. 166. Used in opposition to in futuro. See Van Wyck v. Knevals, 106 U. S. 860, 1 Sup. Ct 336, 27 L Ed. 201. In prsssentia majoris potestatis, minor potestas ccssat. In the presence of the superior power, the inferior power ceases. Jenk. Cent 214, c. 53. The less authority la merged in the greater. Broom, Max. in. Less...