Legal Term Dictionary

Lat When they shall come in. The name of a judgment sometimes given against an executor, - especially on a plea of plene administrate which empowers the plaintiff to have the benefit of, assets which may at any time othereafter come to the hands of the executor.? o i Quando More...

Lat When they shall come in. The name of a judgment sometimes given against an executor, - especially on a plea of plene administrate which empowers the plaintiff to have the benefit of, assets which may at any time othereafter come to the hands of the executor.? o i Quando aliquid man^atur, mandatnc et omne per quod poryenitur ad illud. "5 Coke, 116. When anything conunajuded," everything by which it can be accomplished is also commanded. Quando aliquid prohlbetur en direoto, prohlbetur et per obliquum. Co. Litt. 223. When anything is prohibited directly, N it is prohibited also indirectly. Quando aliquid prohlbetur, prohlbetur et omne per quod devenitur ad illud. When anything is prohibited, everything by which it is reached is prohibited also. 2 Inst. 48. That which cannot be done directly shall not be done indirectly. Broom, Max. 489. Quando aliqnis aliquid oonoedit, oon-cedere videtur et id sine quo res nti non potest. When a person grants anything, be is supposed to grant that also without which the thing cannot be used. 8 Kent, Comm. 421. When the use of a thing is granted, everything Is granted by which the grantee may' have and enjoy such use. Id. Quando oharta. eontinet generalem elausulam, posteaquo desoendit ad verba speeialia quse clausula) genorali snnt eonsentanoa, interpretanda est charta secundum verba speeialia. When a deed contains a general clause, and afterwards descends to special words which are agreeable to the general clause, the deed is to be interpreted according to the special words. 8 Coke, 1545. Quando de una et eadem re duo one-rabiles eaistunt, unus, pro insuinoientia alterius, de integro onerabitur. When there are two persons liable for one and the same thing, one of them, in case of default of the other, shall be charged with tbe whole. 2 Inst 277. Quando dispositio referri potest ad duns res ita qnod secundum relationem unam vitietur et secundum alteram utUis sit, turn faeienda est relatio ad illam nt valeat dispositio. 6 Coke, 76. When a disposition may refer to two things, so* that by the former it would be vitiated, and by the latter it would be preserved, then the relation is to be made to the latter, so that the disposition may be valid Quando divorsi desiderantur aotus ad aliquem statum perneiendum, plus respieit lex actum originalem. When different acts are required to the formation of any estate, the law chiefly regards the original act. 10 Coke, 49e. When to the perfection of an estate or interest divers acts or things are requisite, the law has more regard to the original act, for that is the fundamental part on which all the others are founded. Id. Quando jus domini regis et subdttt eoncurrunt, jns regis prseferri debet. 9 Coke, 129. When the right of king and of subject concur, the king's right should be preferred. Quando lex aliquid alieui oonoedit, eoneodere videtur et id sine quo roe ipsss esse non potest. 5 Coke, 47. When the law gives a man anything, it gives him that also without which the thing itself cannot exist Quando lex aliquid alieui oonoedit, omnia inoidentia tacite conoeduntur. 2 Inst 326w When the law gives anything to any one, all incidents are tacitly given. Quando lex est speeialis, ratio autem generalia, generaliter lex est intelligent* da. When a law is special, but its reason [or object] general, the law is to be understood generally. 2 Inst 83. Quando licet id quod majus, videtur-et lieere id quod minus. Shep. Touch. 429. When the greater is allowed, the less is to be understood as allowed also. Quando mulier nobilis nupserit igno- bill, desinit esse nobilis nisi nobilitaa nativa fuerit. 4 Coke, 118. When a noble woman marries a man not noble, she ceases to be noble, unless her nobility was born with her. Quando plus nt qnam neri debetr videtur etiam illud neri quod faciendum est. When more is done than ought to be done, that at least shall be considered as performed which should have been performed, [as, If a man, having a power to* make a lease for ten years, make one for twenty years, it shall be void only for the surplus.] Broom, Max. 177; 5 Coke, 115; 8 Coke, 85a. Quando quod ago nom valet nt ago, valeat quantum valere potest. When that which I do does not have effect as 1 do it let it have as much effect as it can. Jackson ex dem. Troup v. Blodget, 16 Johns. (N. Y.) 172, 178; Vandervolgen y. Yates, Barb. Ch. (N. Y.) 242, 261. Quando res non valet ut ago, valeat: quantum valere potest. When a thing is of no effect as I do it, it shall have effect as far as [or in whatever way] it can. Cowp-600. Quando verba et mens oongruunt, non est interpretation! locus. When the words and the mind agree, there is no place for interpretation. Quando verba statuti sunt spool alia, ratio autom genoraHs, generaliter statu-tum est intelligendum. When the words. of a statute are special, but the reason or object of it general, the statute Is to be construed generally. 10 Coke, 101b. Less...

Lat. The name of an action in the civil law, (and in Louisiana,) brought by the purchaser of an article, for a reduction of the agreed price on account of defects in the thing which diminish its value

Lat. The name of an action in the civil law, (and in Louisiana,) brought by the purchaser of an article, for a reduction of the agreed price on account of defects in the thing which diminish its value Less...

How much damnified? The name of an issue directed by a court of equity to be tried In a court of law, to ascertain the amount of compensation to be allowed for damage.

How much damnified? The name of an issue directed by a court of equity to be tried In a court of law, to ascertain the amount of compensation to be allowed for damage. Less...

As much as he deserved In pleading.. The common count In an action of assumpsit for work and labor, founded on an implied assumpsit or promise on the part of the defendant to pay the plaintiff as much as he reasonably deserved to have for his labor. 3 BL Comm. More...

As much as he deserved In pleading.. The common count In an action of assumpsit for work and labor, founded on an implied assumpsit or promise on the part of the defendant to pay the plaintiff as much as he reasonably deserved to have for his labor. 3 BL Comm. 161; 1 Tldd, Pr. 2. * Quantum tenens domino en homagio, tan turn dominus tenenti en dominio debet p raster solum rover en tlam; mutua debet esse deminli et homagii ndelita-tis eonnenio. Co. Litt 64. As much aa 'the tenant by his homage owes to his lord, so much Is the lord, by his lordship, indebted to the tenant except reverence alone; the tie of dominion and of homage ought to be mutual. Less...

As much as othey were worth. In pleading. The common count in an action of assumpsit for goods sold and delivered, founded on an implied assumpsit or promise, on the part of the defendant, to pay the plaintiff as much as the goods were reasonably worth. 3 Bl. . Comm. More...

As much as othey were worth. In pleading. The common count in an action of assumpsit for goods sold and delivered, founded on an implied assumpsit or promise, on the part of the defendant, to pay the plaintiff as much as the goods were reasonably worth. 3 Bl. . Comm. 161; 1 Tidd, Pr. 2. Less...

A period of time (theoretically forty days) during which a vessel, coming from a place where a contagious or infectious disease is prevalent, is detained by authority in the harbor of her port of destination, or at a station near it, without being permitted to land or to discharge her More...

A period of time (theoretically forty days) during which a vessel, coming from a place where a contagious or infectious disease is prevalent, is detained by authority in the harbor of her port of destination, or at a station near it, without being permitted to land or to discharge her crew or passengers. Quarantine is said to have been first established at Venice in 1484. , Baker, Quar. 3. In real proporty. The space of forty days during which a widow has a right to . remain in her late husband's principal mansion immediately after his death. The right of the widow is also called her "quarantine." See Davis v. Lowden, 56 N. J. Eq. 126, 38 Atl. 648; Glenn v. Olenn, 41 Ala. 580; Spinning v. Spinning, 43 N. J. Eq. 215, 10 Atl. 270. Less...

Lat Wherefore; for what reason; on what account. Used iu the Latin oform of several common-law writs.

Lat Wherefore; for what reason; on what account. Used iu the Latin oform of several common-law writs. Less...

Lat Wherefore he broke the close. That species of the action of trespass which has for its object the recovery of damages for an unlawful entry upon another's land is termed "trespass quare clausum fregit;" "breaking a close" being the technical expression for an unlawful entry upon land. The language More...

Lat Wherefore he broke the close. That species of the action of trespass which has for its object the recovery of damages for an unlawful entry upon another's land is termed "trespass quare clausum fregit;" "breaking a close" being the technical expression for an unlawful entry upon land. The language of the declaration in this form of action is ''that the defendant with force and arms, broke and entered the close" of the plaintiff. The phrase is often abbreviated to "qu. cl fr." Brown. Less...

Wherefore he ejected within the term. In old practice. A writ which lay for a lessee where he was ejected before the expiration of his term, in cases where the wrong-doer or ejector was not himself in possession of the lands, but his feoffee or another claiming under him. 3 More...

Wherefore he ejected within the term. In old practice. A writ which lay for a lessee where he was ejected before the expiration of his term, in cases where the wrong-doer or ejector was not himself in possession of the lands, but his feoffee or another claiming under him. 3 Bl. Comm. 199, 206; Reg. Orig. 227; Fitzh. Nat Brev. 197 S. Less...

Wherefore he hinders. In English practice. A writ or action which lies for* the patron of an advowson, where he has been disturbed in his right of patronage; so called from the emphatic words of the old form, by which the disturber was summoned to answer why he hinders the More...

Wherefore he hinders. In English practice. A writ or action which lies for* the patron of an advowson, where he has been disturbed in his right of patronage; so called from the emphatic words of the old form, by which the disturber was summoned to answer why he hinders the plaintiff. 3 Bl. Comm. 246, 248. Less...