Legal Term Dictionary

Lat. In the civil law. A quasi contract by which he who receives a certain sum of money, or a certain quantity of fungible things, which have been paid to him through mistake, contracts towards the payer the obligation of returning him as much. Poth. de TUsure, pt 3, a. More...

Lat. In the civil law. A quasi contract by which he who receives a certain sum of money, or a certain quantity of fungible things, which have been paid to him through mistake, contracts towards the payer the obligation of returning him as much. Poth. de TUsure, pt 3, a. 1, a. 1. Less...

Lat. In the civil law. A great-grandson. Inst. 3, 6, 1; Bract fol. 67.

Lat. In the civil law. A great-grandson. Inst. 3, 6, 1; Bract fol. 67. Less...

Lat. In the civil law. A great-granddaughter. Inst 3, 6 1; Bract foL 67.

Lat. In the civil law. A great-granddaughter. Inst 3, 6 1; Bract foL 67. Less...

First notary. See PROTHONOTARY

First notary. See PROTHONOTARY Less...

To utter formally, officially, and solemnly; to declare aloud and In a fornial manner. In this sense a court is said to "pronounce" judgment or a sentence. See Ex parte Crawford, 36 Tex. Cr. R. 180, 36 8. W. 92.

To utter formally, officially, and solemnly; to declare aloud and In a fornial manner. In this sense a court is said to "pronounce" judgment or a sentence. See Ex parte Crawford, 36 Tex. Cr. R. 180, 36 8. W. 92. Less...

L. Fr. A sentence or decree. Kelham.

L. Fr. A sentence or decree. Kelham. Less...

Lat. In tbe civil law. The wife of a grandson or great-grandson. Dig. 38, 10, 4, 6.

Lat. In tbe civil law. The wife of a grandson or great-grandson. Dig. 38, 10, 4, 6. Less...

Proof, in civil process, Is a sufficient reason for the truth of a juridical, proposition by which a party seeks either to maintain his own claim or to defeat the claim of another. Whart Ev. $ 1. Proof is the effect of evidence; the establishment of a fact by evidence. More...

Proof, in civil process, Is a sufficient reason for the truth of a juridical, proposition by which a party seeks either to maintain his own claim or to defeat the claim of another. Whart Ev. $ 1. Proof is the effect of evidence; the establishment of a fact by evidence. Code Civ. Proc Cal. | 1824. And see Nevling v. Com., 98 Pa. 828; Tift v. Jones, 77 Ga. 181, 8 S. E. 399; Powell v. State, 101 Ga. 9, 29 S. B. 309, 65 Am. 8t. Rep. 277; Jastrzembski v. Marxhausen, 120 Mich. 677, 79 N. W. 935. Ayliffe defines "judicial proof to be a clear and evident declaration or demonstration of a matter which was before doubtful, conveyed in a judicial manner by fit and proper arguments, and likewise by all other legal methods-First, by fit and proper arguments, such as conjectures, presumptions, indicts, and other adminicular ways and means: secondly, by legal methods, or methods according to law, such as witnesses, public instruments, and' the like. Ayl. Par. 44i For the distinction between "proof," "evidence," "belief," and "testimony," see EVIDENCE. -Burden of proof. See that title.-Fnll proof. See FULL.-Half proof. See HALF. -Preliminary proof. See PRELIMINARY.- Positive proof. Direct or affirmative proof; that which directly establishes the fact in question; as opposed to negative proof, which establishes the fact by showing that its opposite is not or cannot be true. Niles v. Rhodes. 7 Mich. 378; Falkner v. Behr, 75 Ga. 674: Schrack v. McKnight, 84 Pa. 30.-Proof of debt. The formal establishment by a creditor of his debt or claim, in some prescribed manner, (as, by bis affidavit or otherwise.) as a preliminary to its allowance, along with others, against an estate or property to be divided, such as the estate of a bankrupt or insolvent, a deceased person, or a firm or company in liquidation.-Proof of wilL A term having the same meaning as "probate," (q. v.t) and used Interchangeably with it. Less...

Lat. In the civil law. A great-grandfather's brother. Inst 3, 6, 3; Bract, fol. 68b. -Propatruus magnus. In the ciyil law. A great great uncle.

Lat. In the civil law. A great-grandfather's brother. Inst 3, 6, 3; Bract, fol. 68b. -Propatruus magnus. In the ciyil law. A great great uncle. Less...

That which is fit, suitable, adapted, and correct. See Knox v. Lee, 12 Wall. 457, 20 L. Ed. 287; Griswold v. Hepburn, 2 Duv. (Ky.) 20; Westfleld v. Warren, 8 N. J. Law, 251. Peculiar; naturally or essentially belonging to a person or thing; not common; appropriate; one's own. -Proper More...

That which is fit, suitable, adapted, and correct. See Knox v. Lee, 12 Wall. 457, 20 L. Ed. 287; Griswold v. Hepburn, 2 Duv. (Ky.) 20; Westfleld v. Warren, 8 N. J. Law, 251. Peculiar; naturally or essentially belonging to a person or thing; not common; appropriate; one's own. -Proper feuds. In feudal law, the original and genuine feuds held by purely military service.-Proper parties. A proper party, as distinguished from a necessary party, is one who has an interest in the subject-matter of the litigation, which may be conveniently settled therein; one without whom a substantial decree may be made, but not a decree which shall completely settle all the questions which may be involved in the controversy and conclude the rights of all the persons who have any interest in the subject of the litigation. See Kelley v. Boettcher, 85 Fed. 55, 29 C. C. A. 14; Tatum v. Roberts, 59 Minn. 52, 60 N. W. 848. Less...