Legal Term Dictionary

The offense of withholding or withdrawing from another man what by law he is entitled to. There are various descriptions of this offense, of which the principal are as follows: (1) Subtraction of suit and services, which is a species of injury affecting a man's real property, and consists of More...

The offense of withholding or withdrawing from another man what by law he is entitled to. There are various descriptions of this offense, of which the principal are as follows: (1) Subtraction of suit and services, which is a species of injury affecting a man's real property, and consists of a withdrawal of (or a neglect to perform or pay) the fealty, suit of court, rent or services reserved by the lessor of the land (2) Subtraction of tithes is the withholding from the parson or vicar the tithes to which he is entitled, and this is cognizable in the ecclesiastical courts. (3) Subtraction of conjugal rights is the withdrawing or withholding by a husband or wife of those rights and privileges which the law allows to either party. (4) Subtraction of legacies is the withholding or detaining of legacies by an executor. (5) Subtraction of church rates, in English law, consists in the refusal to pay the amount of rate at which any individual parishioner has been assessed for the necessary repairs of the parish church. Brown. -------Subtraction of conjugal rights. The act of a husband or wife living separately from the other without a lawful cause. 3 Bl. Comm. 94. Less...

Lat. In old English law. Husbandmen.

Lat. In old English law. Husbandmen. Less...

In old Scotch law. Base holders; inferior holders; they who held their lands of knights, Skene.

In old Scotch law. Base holders; inferior holders; they who held their lands of knights, Skene. Less...

Lat. In the civil law. A coming in place of another, on his decease; a coming into the estate which a deceased person had at the time of his death. This was either by virtue of an express appointment of the deceased person by his uHU, (en testamento,) or by More...

Lat. In the civil law. A coming in place of another, on his decease; a coming into the estate which a deceased person had at the time of his death. This was either by virtue of an express appointment of the deceased person by his uHU, (en testamento,) or by the general appointment of law in case of intestacy, (ab intestato.) Inst 2, 9, 7; Heinecc. Elem. lib. 2, tit 10 Less...

In the civil law and in Louisiana. 1. The fact of the transmission of the rights, estate, obligations, and charges of a deceased person to his heir or heirs. "2. The right by which the heir can take possession of the decedent's estate. The right of the heir to step More...

In the civil law and in Louisiana. 1. The fact of the transmission of the rights, estate, obligations, and charges of a deceased person to his heir or heirs. "2. The right by which the heir can take possession of the decedent's estate. The right of the heir to step into the place of the deceased, with respect to the possession, control, enjoyment, administration, and settlement of all the latter's property, rights, obligations, charges, etc." "3. The estate of a deceased person, comprising all kinds of property owned or claimed by him, as well as his debts and obligations, and considered as a legal entity (according to the notion of the Roman law) for certain purposes, such as collecting assets and paying debts. See Davenport v. Adler, 62 La. Ann. 263, 26 South. 836; Adams v. Aker-lund, 168 111. 632, 48 N. E 454; Quarles v. Clayton, 87 Tenn. 308, 10 S. W. 505, 3 L. R. A. 170; State v. Payne, 129 Mo. 468, 31 S. W. 797, 33 L. R. A. 576; Blake v. McCartney, 3 Fed. Cas. 596; In re Headen's Estate, 52 Cal. 29a" Succession is the transmission of the rights and obligations of the deceased to the heirs. Succession signifies also the estates, rights, and charges which a person leaves after his death, whether the property exceeds the charges or the charges exceed the property, or whether he has only left charges without any property. The succession not only includes the rights and obligations of the deceased as they exist at the time of his death, but all that has accrued thereto since the opening of tbe succession, as also the new charges to which it becomes subject. Finally, succession signifies also that right by which the heir can take possession of the estate of the deceased, such as it may be. Civ. Code La. arts. 871-874. Succession is the coming in of another to* take the property of one who dies without disposing of it by will. Civ. Code Cal. ? 1383; Civ. Code Dak. | 776. In common law. The right by which one set of men may, by succeeding another set, acquire a property in all the goods, movables, and other chattels of a corporation. 2 Bl. Comm. 430. The power of perpetual succession is one of the peculiar properties of a corporation. 2 Kent, Comm. 267. See PERPETUAL. -Artificial succession. That attribute of a corporation by which, in contemplation of law, the company itself remains always the same though its constituent members or stockholders may change from time to time. See Thomas v. Dakin, 22 Wend. (N. T.) 100.-Hereditary succession. Descent or title by descent at common law; the title whereby a man on the death of his ancestor acquires his estate by right of representation as his heir at law. See In re Donahue's Estate, 36 Cal. 332; Barclay v. Cameron, 25 Tex. 241.-Intestate succession. The succession of an heir at law to the property and estate of his ancestor when the latter has died intestate, or leaving a will which has been annulled or set aside. Civ. Code La. 1900, art. 1096.-Irregular succession. That which is established by law in favor of certain persons, or of the state, in default of heirs, either legal or instituted by testament. Civ. Code La. 1900, art 878.- Legal succession. That which the law establishes in favor of the nearest relation of a deceased person.-Natural succession. Succession taking place between natural persons, for example, in descent on the death of an ancestor. Thomas v. Dakin, 22 Wend. (N. Y.) 100.-Succession duty. In English law. This is a duty, (varying from one to ten per cent.,) payable under the statute 16 A 17 Vict c. 51, in respect chiefly of real estate and leaseholds, but generally In respect of all property (not already chargeable with legacy duty) devolving upon any one in consequence of any death. Brown.-Succession tan. A tax imposed upon the succession to, or devolution of, real property by devise, deed, or intestate succession. See Ferry v. Campbell, 110 Iowa, 290, 81 N. W. 604 ; 50 L. R. A. 92; Scholey v. Rew, 23 Wall. 346, 23 L. Ed. 99: State v. Switzler. 143 Mo. 287, 45 S. W. 245, 40 I* R. A. 280, 65 Am. St. Rep. 653; Peters T. Lynchburg, 76 Va. 929.-Testamentary succession. In the civil law, that which results from the institution of an heir in a testament executed in theform prescribed by law. Civ. Code La. 1900, art 876.-Vacant succession. A succession is called "vacant" when no one claims it or when all the heirs are unknown, or when all the known heirs to it have renounced it. Civ. Code La. art. 1095. Simmons v. Saul, 138 U. S. 439, 11 Sup. Ct 369, 34 L. Ed. 1054. Less...

One who succeeds to the rights or the place of another; particularly, the person or persons who constitute a corporation after the death or removal of those who preceded them as corporators. One who has been appointed or elected to hold an office after the term of the present Incumbent. More...

One who succeeds to the rights or the place of another; particularly, the person or persons who constitute a corporation after the death or removal of those who preceded them as corporators. One who has been appointed or elected to hold an office after the term of the present Incumbent. -Singular successor. A term borrowed from the civil law, denoting a person who succeeds to the rights of a former owner in a single article of property, (as by purchase,) as distinguished from a universal successor, who succeeds to all the rights and powers of a former owner, as in the case of a bankrupt or intestate estate. Suocurritur minori; faois est lapsus juventutis. A minor is [to be] aided; a mistake of youth is easy, [youth is liable to err.] Jenk. Cent. p. 47, case 89. Less...

In Scotch law. The whole lands astricted to a mill; that is, the lands of which the tenants are obliged to send their grain to that mill. Bell.

In Scotch law. The whole lands astricted to a mill; that is, the lands of which the tenants are obliged to send their grain to that mill. Bell. Less...

In the common-law definition of manslaughter, this phrase means an access of rage or anger, suddenly arising from a contemporary provocation. It means that the provocation must arise at the time of the killing, and that the passion is not the result of a former provocation, and the act must More...

In the common-law definition of manslaughter, this phrase means an access of rage or anger, suddenly arising from a contemporary provocation. It means that the provocation must arise at the time of the killing, and that the passion is not the result of a former provocation, and the act must be directly caused by the passion arising out of the provocation at the time of the homicide. It is not enough that the mind is agitated by passion arising from a former or other provocation or a provocation given by some other person. Stell v. State (Tex. Cr. App.) 58 S. W. 75. And see Farrar v. State, 29 Tex. App. 250, 15 S. W. 719; Violett v. Comm. (Ky.) 72 S. W. 1; State v. Cheatwood, 2 Hill. Law (S. C.) 402. Less...

In Hindu law. The best; the fore-court of a house; the chief seat of government, contradistinguished from "mofus-sil" or interior of the country; the presidency. Wharton.

In Hindu law. The best; the fore-court of a house; the chief seat of government, contradistinguished from "mofus-sil" or interior of the country; the presidency. Wharton. Less...

To prosecute by law; to commence legal proceedings against a party. It is applied almost exclusively to the institution and prosecution of a civil action. See Challenor v. Niles, 78 111. 78; Murphy v. Cochran, 1 Hill (N. Y.) 342; Kuklence v. Vocht, 4 Pa. Co. Ct. R. 372; U. More...

To prosecute by law; to commence legal proceedings against a party. It is applied almost exclusively to the institution and prosecution of a civil action. See Challenor v. Niles, 78 111. 78; Murphy v. Cochran, 1 Hill (N. Y.) 342; Kuklence v. Vocht, 4 Pa. Co. Ct. R. 372; U. S. v. Moore (C. C.) 11 Fed. 251. ----Sue out. To obtain by application; to petition for and take out. Properly the term is applied only to the obtaining and issuing of such process as is only accorded npon an application first made: but conventionally it is also used of the taking out of process which issues of course. The term is occasionally used of instruments other than writs. Thus, we speak of "suing out" a pardon. See South Missouri Lumber Co. v. Wright, 114 Mo. 320. 21 S. W. 811; Kelley v. Vincent, 8 Ohio St. 420; I S. v. American Lumber Co., 85 Fed. 830, 29 C. C. A. 431. Less...