Legal Term Dictionary

Lat. In the civil law. The plaintiffs statement of his cause of action hi an action in rem. Calvin. In old English law. Petition or demand; the count in a real action; the form of words in which a title to land was stated by the demandant and which commenced More...

Lat. In the civil law. The plaintiffs statement of his cause of action hi an action in rem. Calvin. In old English law. Petition or demand; the count in a real action; the form of words in which a title to land was stated by the demandant and which commenced with the word "peto" 1 Reeve, Eng. Law, 176. Less...

In logic. Begging the question,, which is the taking of a thing for true or for granted, and drawing conclusions from it as such, when it is really dubious, perhaps false, or at least wants to be proved, before any inferences ought to be drawn from it

In logic. Begging the question,, which is the taking of a thing for true or for granted, and drawing conclusions from it as such, when it is really dubious, perhaps false, or at least wants to be proved, before any inferences ought to be drawn from it Less...

A written address, embodying an application or prayer from the person or persons preferring it, to the power, body, or person to whom it is presented, for the exercise of his or their authority in the redress of some wrong, or the grant of some favor, privilege, or license. In More...

A written address, embodying an application or prayer from the person or persons preferring it, to the power, body, or person to whom it is presented, for the exercise of his or their authority in the redress of some wrong, or the grant of some favor, privilege, or license. In practice. An application made to a court ex parte, or where there are no parties in opposition, praying for the exercise of the judicial powers of the court in relation, to some matter which is not the subject for a suit or action, or for authority to do some act which requires the sanction of the court; as for the appointment of a guardian, for leave to sell trust property, etc. The word "petition" is generally used in judicial proceedings to describe an application in writing, in contradistinction to a motion, which may be viva voce. Bergen v. Jones, 4 Mete. (Mass.) 371. In the practice of some of the states, the word "petition" is adopted as the name of that initiatory pleading in an action which is elsewhere called a "declaration" or "complaint." See Code Qa. 1882, ? 3332. In equity practice. An application In writing for an order of the court, stating the circumstances upon which it is founded; a proceeding resorted to whenever the nature of the application to the court requires, a fuller statement than can be conveniently made in a notice of motion. 1 Barb. Ch. Pr. 578. -Petition de droit. L. Fr. In English practice. A petition of right; a form of proceeding to obtain restitution from the crown of either real or personal property, being of use where the crown is in possession of any hereditaments or chattels, and the petitioner sim-gests such a right as controverts the title of the crown, grounded, on facts disclosed in the petition itself. 3 Bl. Comm. 256.-Petition in bankruptcy. A paper filed in a court of bankruptcy, or with the clerk, by a debtor praying for the benefits of the bankruptcy act, or by creditors alleging the commission of an act of bankruptcy by their debtor and praying an adjudication of bankruptcy against him.-Petition of right. In English law. A proceeding in chancery by which a subject may recover, property in the possession of the king. See PETITION DE DROIT.- Petition of rights. A parliamentary declaration of the liberties of the people, assented to by King Charles I. in 1620. It is to be distinguished from the bill of rights, (1680,) which has passed into a permanent constitutional statute. Brown. Less...

One who presents a petition to a court oftlcer, or legislative body. In legal proceedings begun by petition, the person against whom action or relief is prayed, or who opposes the prayer of the petition. Is called the "respondent."

One who presents a petition to a court oftlcer, or legislative body. In legal proceedings begun by petition, the person against whom action or relief is prayed, or who opposes the prayer of the petition. Is called the "respondent." Less...

The creditor at whose instance an adjudication of bankruptcy is made against a bankrupt.

The creditor at whose instance an adjudication of bankruptcy is made against a bankrupt. Less...

A droitural action ; that is,, one in which the plaintiff seeks to establish and enforce, by an appropriate legal proceeding, his right of property, or his title, to the subject-matter in dispute; as distinguished from a possessory action, where the right to the possession is the point in litigation, More...

A droitural action ; that is,, one in which the plaintiff seeks to establish and enforce, by an appropriate legal proceeding, his right of property, or his title, to the subject-matter in dispute; as distinguished from a possessory action, where the right to the possession is the point in litigation, and not the mere right of property. The term Is chiefly used in admiralty. 1 K|ent, Comm. 371; The Tilton, 5 Mason, 465, Fed. Cas. No. 14,054. In Scotch law. Actions in which damages are sought. Less...

Lat In Roman law. I request A common word by which a fideicommiS" sum, or trust was created in a will. Inst 2, 24, 3.

Lat In Roman law. I request A common word by which a fideicommiS" sum, or trust was created in a will. Inst 2, 24, 3. Less...

A stone weight Cowell.

A stone weight Cowell. Less...

A lawyer who Is employed In a small or mean business, or who carries on a disreputable business by unprincipled or dishonorable means. "We think that the term 'pettifogging shyster* needed no definition by witnesses before the jury. This combination of epithets, every lawyer and citizen knows, belongs to none More...

A lawyer who Is employed In a small or mean business, or who carries on a disreputable business by unprincipled or dishonorable means. "We think that the term 'pettifogging shyster* needed no definition by witnesses before the jury. This combination of epithets, every lawyer and citizen knows, belongs to none but unscrupulous practitioners who disgrace their profession by doing mean work, and resort to sharp practice to do it." Bailey v. Kalamasoo Pub. Co., 40 Mich. 250. Less...

Small, minor, of less or inconsiderable importance. The English form of "petit" and sometimes used instead of that word in such compounds as 44petty jury*" "petty larceny," and "petty treason." See PETIT. -Petty bag offlee. In English law. An office in the court of chancery, for suits against attorneys and More...

Small, minor, of less or inconsiderable importance. The English form of "petit" and sometimes used instead of that word in such compounds as 44petty jury*" "petty larceny," and "petty treason." See PETIT. -Petty bag offlee. In English law. An office in the court of chancery, for suits against attorneys and officers of the court and for process and proceedings by extent on statutes, recognizances, ad quod damnum, and the like. Termes de la Ley.-Petty officers. Inferior officers in the naval service, of various ranks and kinds, corresponding to the non-commissioned officers in the army. See U. S. v. Fuller. 160 U. S. 503,16 Sup. Ct 386, 40 L. Ed. 540. As to petty "Average," "Constable,99 and "Sessions," see those titles. Less...