Legal Term Dictionary

A method of compounding an offense, allowed in the English practice, where the court permits a defendant convicted of a misdemeanor to speak with the prosecutor before judgment is pronounced; if the prosecutor declares himself satisfied, the court may Inflict a trivial punishment. 4 Steph. Comm. 261.

A method of compounding an offense, allowed in the English practice, where the court permits a defendant convicted of a misdemeanor to speak with the prosecutor before judgment is pronounced; if the prosecutor declares himself satisfied, the court may Inflict a trivial punishment. 4 Steph. Comm. 261. Less...

Relating to or designating a species, kind, or sort; designed for a particular purpose; confined to a particular pur pose, object, person, or class. Tbe opposite of "general." -Special act. A private statute; an' act which operates only upon particular persons or private concerns. 1 Bl. Comm. 86; Unity v. More...

Relating to or designating a species, kind, or sort; designed for a particular purpose; confined to a particular pur pose, object, person, or class. Tbe opposite of "general." -Special act. A private statute; an' act which operates only upon particular persons or private concerns. 1 Bl. Comm. 86; Unity v. Burrage, 108 U. S. 454, 26 L. Ed. 405.-Special ease. In English practice. When a trial at nisi prius appears to the judge to turn on a point of law, the jury may find a general verdict, subject to the opinion of the court above, upon what is termed a "special case" to be made; that is, upon a written statement of all the facts of the case drawn up for the opinion of the court in banc, by the counsel and attorneys on - either side, under correction of the judge at nisi prius. The party for whom the general verdict is so given is in such case not entitled to judgment till the court in banc has decided on the special case; and, according to the result of that decision, the verdict is ultimately entered either for him or his adversary, Brown.-Special claim. In English law. A claim not enumerated m the orders of April 22, 1850, which required the leave of the court of chancery to file it. Such claims are abolished. -Special commission. In English law. An extraordinary commission of oyer and terminer and gaol delivery, issued by the crown to the judges when it is necessary that offenses should be immediately tried and punished. Wharton. -Special errors. Special pleas in error are such as, instead of joining in error, allege some extraneous matter as a ground of defeating the writ of error, ". g.t a release of errors, expiration of the time within which error might be brought, or the like. To these, the plaintiff in error may either reply or demur.-Speeial matter. Under a plea of the general issue, the defendant is allowed to give special matter in evidence, usually after notice to the plaintiff o? the nature of such matter, thus sparing him tbe necessity of pleading it specially. 3 Bl. " Comm. 306.-Special paper. A list kept in the English courts of common law, and now in the king's bench, common pleas, and exchequer divisions of the high court, in which list demurrers, special cases, etc., to be argued are set down. It is distinguished from the new trial paper, peremptory paper, crown paper, revenue paper, etc., according to the practice of the particular division. Wharton. As to special "Acceptance," "Administration," "Agent," "Allocatur," "Allowances," "Assessment," "Assumpsit," "Bail," "Bailiff," "Bastard," "Benefit," "Calendar," "Charge," "Constable," "Contract," "Count," "Covenant," "Custom," "Damage," "Demurrer," "Deposit," "Deputy," "Election," "Examiner," "Executor," "Finding," "Guaranty," "Guardian," "Imparlance," "Indorsement," "Indorsement of Writ," "Injunction," "In* surance," "Issue," "Jurisdiction," "Jury," "Law," "Legacy," "Letter of Credit," "License," "Lien," "Limitation," "Malice," "Master," "Meeting," "Mortgage," "Motion," "Non Est Factum," "Occupant," "Owner," "Partner," "Partnership," "Plea." "Pleader," "Pleading," "Power," "Privilege," "Proceeding," "Property." "Request;" "Replication," "Restraint of Trade," "Retainer," "Rule," "Service," "Sessions," "Statute," "Stock," "Tail," "Term." "Terms," "Traverse," "Trust" "Verdict" and "Warranty," see those titles. Speeialia generalibns derogant. Special words derogate from general words. A special provision as to a particular subject-matter is to be preferred to general language, which might have governed in the absence of such special provision. L. R. 1 C. P. 546. Less...

A writing sealed and delivered, containing some agreement A writing sealed and delivered, which is given as a security for the payment of a debt, in which such debt is particularly specified. Bac. Abr. "Obligation," A. A specialty is a contract under seal, and Is considered by law as entered More...

A writing sealed and delivered, containing some agreement A writing sealed and delivered, which is given as a security for the payment of a debt, in which such debt is particularly specified. Bac. Abr. "Obligation," A. A specialty is a contract under seal, and Is considered by law as entered Into with more solemnity, and, consequently, of higher dignity than ordinary simple contracts. Code Ga. 1882, ? 2717 -Specialty debt. A debt due or acknowledged to be due by deed or instrument under seat 2 Bl. Comm. 465. Less...

1. Coin of the precious metals, of a certain weight and fineness, and bearing the stamp of the government, denoting its value as currency. Trebilcock Wilson, 12 Wall. 695, 20 L. Ed. 460; Walkup v. Houston, 65 N. C. 501; Henry v. Bank of Salina, 5 Hill (N. Y.) 536. More...

1. Coin of the precious metals, of a certain weight and fineness, and bearing the stamp of the government, denoting its value as currency. Trebilcock Wilson, 12 Wall. 695, 20 L. Ed. 460; Walkup v. Houston, 65 N. C. 501; Henry v. Bank of Salina, 5 Hill (N. Y.) 536. 2. When spoken of a contract the expression "performance in specie91 means strictly, or according to the exact terms. Aa applied to things, it signifies individuality or identity. Thus, on a bequest of a specific picture, the legatee would be said to be entitled to the delivery of the picture in specie; i. e., of the very thing. Whether a thing is due in genere or in specie depends, in each case, on the will of the transacting parties. Brown. Less...

Lat In the civil law. Form; figure; fashion or shape. A form or shape given to materials. A particular thing; as distinguished from "genus" -Species facti. In Scotch law. The particular criminal act charged against a person.

Lat In the civil law. Form; figure; fashion or shape. A form or shape given to materials. A particular thing; as distinguished from "genus" -Species facti. In Scotch law. The particular criminal act charged against a person. Less...

Having a certain form or designation; observing-a certain form; particular; precise. As to specific "Denial," "Devise," "Legacy," and "Performance," see those titles.

Having a certain form or designation; observing-a certain form; particular; precise. As to specific "Denial," "Devise," "Legacy," and "Performance," see those titles. Less...

Lat In the civil law. Literally, a making of form; a giving of form to materials. That mode of acquiring property through which a person, by transforming a thing belonging to another, especially by working up his materials into a new species, becomes proprietor of the same. Mackeld. Rom. Law, More...

Lat In the civil law. Literally, a making of form; a giving of form to materials. That mode of acquiring property through which a person, by transforming a thing belonging to another, especially by working up his materials into a new species, becomes proprietor of the same. Mackeld. Rom. Law, | 27L Less...

As used in the law relating to patents and in building contracts, the term denotes a particular or detailed statement of the various elements involved. Gilbert v. U. S., 1 Ct CI. 34; State v. Kendall, 15 Neb. 262, 18 N. W. 85; Wilson v. Coon (C. C.) 6 Fed. More...

As used in the law relating to patents and in building contracts, the term denotes a particular or detailed statement of the various elements involved. Gilbert v. U. S., 1 Ct CI. 34; State v. Kendall, 15 Neb. 262, 18 N. W. 85; Wilson v. Coon (C. C.) 6 Fed. 614. In military law. The clear and particular description of the charges preferred against a person accused of a military offense. Tytler, Mil. Law, 109; Carter v. Mc-Claughry, 183 U. S. 365, 22 Sup. Ct 181, 46 L. Ed. 236. In tne law of personal property. The acquisition of title to a thing by working it into new forms or species from the raw material; corresponding to the apccificatio of the Roman law. See Lampton v. Preston, 1 J. J. Marsh. (Ky.) 462, 1? Am. Dec. 104. In praetiee. A detailed and particular enumeration of several points or matters urged or relied on by a party to a suit or proceeding; as, a "specification of errors," qr a "specification of grounds of opposition to a bankrupt's discharge." See Railway Co. v. McArthur, 96 Tex. 65, 70 S. W. 317; In re Glass (D. C.) 119 Fed. 514. Less...

A sample; a part of something intended to exhibit the kind and quality of the whole. People v. Freeman, 1 Idaho, 322.

A sample; a part of something intended to exhibit the kind and quality of the whole. People v. Freeman, 1 Idaho, 322. Less...

In commerce. The act or practice of buying lands, goods, etc.. in expectation of a rise of price and of selling them at an advance, as distinguished from a regular trade, in which the profit expected is the difference between the retail and wholesale prices, or the difference of price More...

In commerce. The act or practice of buying lands, goods, etc.. in expectation of a rise of price and of selling them at an advance, as distinguished from a regular trade, in which the profit expected is the difference between the retail and wholesale prices, or the difference of price in the place where the goods are purchased, and the place where they are to be carried for market Webster. See Maxwell v. Burns (Tenn. Ch. App.) 59 S. W. 1067; U. S. v. Detroit Timber A Lumber Co. (C. C.) 124 Fed. 393. Less...