Legal Term Dictionary

L. Fr. In taking. A term applied to such Incorporeal hereditaments as a party entitled to them was to take for himself; such as common. 2 Steph. Comm. 23; 3 Bl. Comm. 15. In pretio emptlonis et venditioni*, na-tnraliter licet contranentibus se cir* eumvenire. In the price of buying and More...

L. Fr. In taking. A term applied to such Incorporeal hereditaments as a party entitled to them was to take for himself; such as common. 2 Steph. Comm. 23; 3 Bl. Comm. 15. In pretio emptlonis et venditioni*, na-tnraliter licet contranentibus se cir* eumvenire. In the price of buying and selling, it is naturally allowed to the contracting parties to overreach each other. 1 Story, Cont 606. Less...

in the first place. A phrase used in argument

in the first place. A phrase used in argument Less...

At the beginning.

At the beginning. Less...

In readiness; at hand. In propria oausa nemo judex. No one can be judge in his own cause. 12 Coke, 13.

In readiness; at hand. In propria oausa nemo judex. No one can be judge in his own cause. 12 Coke, 13. Less...

In one's own proper person. La quo qui* delinquit, in eo de jure est puniendus. In whatever thing one offends, in that is he rightfully to be punished. Co. Litt 238b; Wing. Max. 204, max. 58. The punishment shall have relation to the nature of the offense.

In one's own proper person. La quo qui* delinquit, in eo de jure est puniendus. In whatever thing one offends, in that is he rightfully to be punished. Co. Litt 238b; Wing. Max. 204, max. 58. The punishment shall have relation to the nature of the offense. Less...

In the affair; in the matter of. This is the usual method of entitling a judicial proceeding in which there are not adversary parties, but merely some res concerning which judicial action Is to be taken, such as a bankrupt's estate, an estate in the probate court, a proposed public More...

In the affair; in the matter of. This is the usual method of entitling a judicial proceeding in which there are not adversary parties, but merely some res concerning which judicial action Is to be taken, such as a bankrupt's estate, an estate in the probate court, a proposed public highway, etc. It is also sometimes used as a designation of a proceeding where one party makes an application on his own behalf, but such proceedings are more usually entitled "Ex parte" In re oommuni neminem dominorum-jure facere quioquam, invito altero, posse. One co-proprietor can exercise no authority over the common property against the will of the other. Dig. 10, 3, 28. In re communi potior est conditio pro- bibentis. In a partnership the condition of one who forbids is the more favorable. In re dubia, benignlorem interpreta-tionem sequi, note minus justlu* est qnam tutius. In a doubtful matter, to follow the more liberal interpretation is not less the jus ter than the safer course. Dig. 50, 17, 192, L In re dubia, magis inflciatio qnam af-nrmatio intelligenda. In a doubtful matter, the denial or negative is to be understood, [or regarded,] rather than the affirmative. Godb. 37. In re lupanari, testes lupanare acV ntittentur. In a matter concerning. a brothel, prostitutes are admitted as witnesses. Van Epps v. Van Epps, 6 Barb. (N. Y.) 320, 324. In re pari potlorcm oausam esse pro* bibentis constat. In a thing equally shared [by several] it is clear that the party refusing [to permit the use of it] has the better cause. Dig. 10, 3, 28. A maxim applied to partnerships, where one partner has a right to withhold his assent to the acts of his copartner. 3 Kent, Comm. 45. la re propria iniquum admodum est alien! lioentiam tribuere ententiae. It is extremely unjust that any one should be judge in his own cause. In rebus manif estis, errat qui author-itates legum allegat; quia perspiona vera non sunt probanda. In clear cases, he mistakes who cites legal authorities; for obvious truths are not to be proved. 5 Coke, 67a. Applied to cases too plain to require the support of authority; "because," says the report, "he who endeavors to prove them obscures them." In rebus quae sunt favorabilia animse, quamvis sunt damnosa rebus, fiat ali-qnando extensio statuti. 10 Coke, 101. In things that are favorable to the spirit, though injurious to things, an extension of a statute should sometimes be made. Less...

A technical term used to designate proceedings or actions Instituted against the thing, in contradistinction to personal actions, which are said to be in personam. See IN PERSONAM. It is true that, in a strict sense, a proceeding in rem is one taken directly against property, and has for its More...

A technical term used to designate proceedings or actions Instituted against the thing, in contradistinction to personal actions, which are said to be in personam. See IN PERSONAM. It is true that, in a strict sense, a proceeding in rem is one taken directly against property, and has for its object the disposition of property, without reference to the title of individual claimants; but, in a larger and more general sense, the terms are applied to actions between S arties, where the direct object is to reach and ispose of property owned by them, or of some interest therein. Such are cases commenced by attachment against the property of debtors, or instituted to partition real estate, foreclose a mortgage, or enforce a lien. So far as they affect property in this state, they are substantially proceedings in rem in the broader sense which we have mentioned. Pennoyer v. Neff, 95 U. S. 734, 24 L. Ed. 565. -Quasi in rem. A term applied to proceedings which are not strictly and purely in rem, but are brought against the defendant personally, though the real object is to deal with particular property or subject property to the discharge of claims asserted; for example, foreign attachment, or proceedings to foreclose a mortgage, remove a cloud from title, or effect a partition. See Freeman v. Alderson. 119 U. S. 187,-7 Sup. Ct. 165, 30 I* Ed. 372; Hill v. Henry, 66 N. J. Eq. 150, 57 Atl. 555. In rem actio est per qnam rem nostras! qun ab alio possidetur petimus, et semper adversus emu est qui rem possi-det. The action in rem is that by which we seek our property which is possessed by another, and is always against him who possesses the property. Dig. 44, 7, 25; Bract, fol. 102. Less...

A thing is said to lie in render when it must be rendered or given by the tenant; as rent. It is said to lie in prender when it consists in the right in the lord or other person to take something. In republica manime oonaervanda snnt jura belli. In More...

A thing is said to lie in render when it must be rendered or given by the tenant; as rent. It is said to lie in prender when it consists in the right in the lord or other person to take something. In republica manime oonaervanda snnt jura belli. In a state the laws of war are to be especially upheld. 2 Inst. 58. Less...

In the nature of things; in the realm of actuality; in existence. In a dilatory plea, an allegation that the plaintiff is not in rernm natura is equivalent to averring that the person named is fictitious. 3 Bl. Comm. 301. In the civil law the phrase is applied to things. More...

In the nature of things; in the realm of actuality; in existence. In a dilatory plea, an allegation that the plaintiff is not in rernm natura is equivalent to averring that the person named is fictitious. 3 Bl. Comm. 301. In the civil law the phrase is applied to things. Inst 2, 20, 7. In res titutionem, non in poanam bjeres suoeedit. The heir succeeds to the restitution, not to the penalty. An heir may be compelled to make restitution of a sum unlawfully appropriated by the ancestor, but is not answerable criminally, as for a penalty. 2 Inst. 19a In restitutionibus benlgnissima Inter* pretatio f acienda est. Co. Litt 112. The most benignant interpretation is to be made in restitutions. In satisfactionibns non permittitnr amplius fieri qnam semel factum est. In payments, more must not be received than has been received once for all. 9 Coke, 58. Less...

In the writing-case of the judge; among the judge's papers. "That is a thing that rests in scrinio judicis, and does not appear in the body of the decree." Hardr. 5L

In the writing-case of the judge; among the judge's papers. "That is a thing that rests in scrinio judicis, and does not appear in the body of the decree." Hardr. 5L Less...