Legal Term Dictionary

See MISFEASANCE.

See MISFEASANCE. Less...

An adverse event, calamity, or evil fortune, arising by accident, (or without the will or concurrence of him who suffers from it,) and not to be foreseen or guarded against by care or prudence. See 20 Q. B. Div. 816. In its application to the law of homicide, this term More...

An adverse event, calamity, or evil fortune, arising by accident, (or without the will or concurrence of him who suffers from it,) and not to be foreseen or guarded against by care or prudence. See 20 Q. B. Div. 816. In its application to the law of homicide, this term always involves the further idea that the person causing the death is not at the time engaged in any unlawful act 4 Bl. Comm. 182. Less...

See JOINDER.

See JOINDER. Less...

In Saxon and old English law. An unjust or irregular summoning to court; to speak unsteadily in court; to vary In one's plea. Cowell; Blount; Spelman.

In Saxon and old English law. An unjust or irregular summoning to court; to speak unsteadily in court; to vary In one's plea. Cowell; Blount; Spelman. Less...

To deposit in a place not afterwards recollected; to lose anything by for-getfulness of the place where it was laid. Shehane v. State, 13 Tex. App. 535.

To deposit in a place not afterwards recollected; to lose anything by for-getfulness of the place where it was laid. Shehane v. State, 13 Tex. App. 535. Less...

Delusive; calculated to lead astray or to lead into error. Instructions which are of such a nature as to be misunderstood by the jury, or to give them a wrong impression, are said to be "misleading."

Delusive; calculated to lead astray or to lead into error. Instructions which are of such a nature as to be misunderstood by the jury, or to give them a wrong impression, are said to be "misleading." Less...

Mistake in name; the giving an incorrect name to a person in a pleading, deed, or other instrument.

Mistake in name; the giving an incorrect name to a person in a pleading, deed, or other instrument. Less...

Pleading Incorrectly, or omitting anything in pleading which is es'sential to the support or defense of an action, is so called; as in the case of a plaintiff not merely stating his title in a defective manner, but setting forth a title which is essentially defective in Itself; or if, More...

Pleading Incorrectly, or omitting anything in pleading which is es'sential to the support or defense of an action, is so called; as in the case of a plaintiff not merely stating his title in a defective manner, but setting forth a title which is essentially defective in Itself; or if, to an action of debt the defendant pleads "not guilty" instead of nil debet. Brown. See Lovett v. Pell, 22 Wend. (N. Y.) 376; Chicago & A. R. Co. Murphy, 198 111. 462, 64 N. E 1011. Less...

In criminal law. A term used to signify every considerable misdemeanor which has not a certain name given to it by law. 3 Inst. 36. But more particularly and properly the term denotes either (1) a contempt against the sovereign, the government, or the courts of justice, including not only More...

In criminal law. A term used to signify every considerable misdemeanor which has not a certain name given to it by law. 3 Inst. 36. But more particularly and properly the term denotes either (1) a contempt against the sovereign, the government, or the courts of justice, including not only contempts of court properly so called, but also all forms of seditious or disloyal conduct and leze-majesty; (2) maladministration of high public ofllce, including peculation of the public funds; (3) neglect or light account made of a crime, that is, failure In the duty of a citizen to endeavor to prevent the commission of a crime, or, having knowledge of Its commission, to reveal it to the proper authorities. See 4 Bl. Comm. 119126. -Misprision of felony. The offense of concealing a felony committed by another, but without such previous concert with or subsequent assistance to the felon as would make the party concealing an accessory before or after the fact 4 Steph. Comm. 260; 4 Bl. Comm. 121; Carpenter v. State, 62 Ark. 286, 36 S. W. 900.- Misprision of treason. The bare knowledge and concealment of an act of treason or treasonable plot that is, without any assent or participation therein, for if the latter elements be present the party becomes a principal. 4 BL Comm. 120; Pen. Code Cal. ? 3a-Negative misprision'. The concealment of something which ought to be revealed; that is, misprision in the third of the specific meanings given above.-Positive misprision. The commission of something which ought not to be done; that is, misprision in the first and second of the specific meanings given above. In practice. A clerical error or mistake made by a clerk or other judicial or ministerial officer in writing or keeping records. See Merrill v. Miller, 28 Mont. 134, 72 Pac 427. Less...

Reading a deed or other instrument to an illiterate or blind man (who is a party to it) in a false or deceitful manner, so that he conceives a wrong idea of its tenor or contents. See 5 Coke, 19; 6 East 309; Hallenbeck v. Dewitt, 2 Johns. (N. Y.) More...

Reading a deed or other instrument to an illiterate or blind man (who is a party to it) in a false or deceitful manner, so that he conceives a wrong idea of its tenor or contents. See 5 Coke, 19; 6 East 309; Hallenbeck v. Dewitt, 2 Johns. (N. Y.) 404. Less...