Legal Term Dictionary

Which was granted. A phrase in the reports, signifying that an argument or point made was conceded or acquiesced in by the court Quod in Jure sorlpto "jns" appellatur, id in lege Anglia "rectum" esse dieitnr. What In the civil law is called "JIM," in the law of England is More...

Which was granted. A phrase in the reports, signifying that an argument or point made was conceded or acquiesced in by the court Quod in Jure sorlpto "jns" appellatur, id in lege Anglia "rectum" esse dieitnr. What In the civil law is called "JIM," in the law of England is said to he "rectum," (right) Co. Litt. 260; Fleta, 1. 6, c. 1, f 1.Quod in minori valet valebit in major!; et qnod in majori non valet noe valebit in minori. Co. Litt 260a. That which is valid in the less shall he valid in the greater; and that which is not valid in the greater shall neither be valid in the less. Quod in uno similium valet valebit in altero. That which is effectual in one of two like things shall be effectual in the other. Co. Litt 191a. Quod inoonsulto fecimus, oonsultius revooemus. Jenk. Cent 116. What we have done without due consideration, upon better consideration we may revoke. Quod initio vitiosum est non potest traetu temporls oonvalesoere. That which is void from the beginning cannot become valid by lapse of time. Dig. 50, 17, 29. Quod ipsis qui eontraxerunt obstat, et sneeossoribus eomm obstabit. That which bars those who have made a contract will bar their successors also. Dig. 50, 17, 143. Less...

Lat In the civil law. The name of an action given to one who had contracted with a son or slave, by order of the father or master, to compel such father or master to stand to the agreement Halifax, Civil Law, b. 3, c. 2, no. 3; Inst 4, More...

Lat In the civil law. The name of an action given to one who had contracted with a son or slave, by order of the father or master, to compel such father or master to stand to the agreement Halifax, Civil Law, b. 3, c. 2, no. 3; Inst 4, 7, 1. Quod jussu alterius solvitur pro eo est quasi ipai solntnm esset. That which is paid by the order of another is the same as though it were paid to himself. Dig. 50, 17, 180. Quod meum est sine faeto moo vel de-fectu meo amitti vel in ^n"w" transferri non potest. That which is mine cannot be lost or transferred to another without my alienation or forfeiture. Broom, Max. 465. Quod mourn est sine mo auferri non potest. That which is mine cannot be taken away without me, [without my assent] Jenk. Cent. p. 251, case 41. Quod minus est in obligationem videtur doduetum. That which is the less is held to be imported into the contract; (e. p., A offers to hire B.'s house at six hundred dollars, at the same time B. offers to let it for five hundred dollars; the contract is for five hundred dollars.) 1 Story, Cont 481. Quod naturalis ratio inter omnes homines oonstitnit, voeatur jus gentium. That which natural reason has established among all men is called the "law of nations." 1 Bl. Comm. 43; Dig. 1, 1, 9; Inst 1, 2, 1.Quod noeessarie intelligitur non deest. "1 Bulst. 71. That which is necessarily understood Is not wanting." Quod neoessitas eogit. defendit. Hale, P. Cw 54. That which necessity compels, it justifies. Quod non apparet non est; et non ap-paret judleialitor ante judieinm. 2 Inst. 479. That which appears not is not; and nothing appears judicially before judgment Quod non oaplt Ghristus, oaplt nscus. What Christ [the church] does not take the treasury takes. Goods of a fclo de tte go to the king. A maxim in old English law. Yearb. P. 19 Hen. VL L Less...

Which was not denied. A phrase found in the old reports, signifying that an argument or proposition was not deuied or controverted by the court Latch, 213. Quod non habet prinoipium non habet nnem. Wing. Max. 79; Co. Litt 345a. That which has not beginning has not end. Quod non More...

Which was not denied. A phrase found in the old reports, signifying that an argument or proposition was not deuied or controverted by the court Latch, 213. Quod non habet prinoipium non habet nnem. Wing. Max. 79; Co. Litt 345a. That which has not beginning has not end. Quod non legitur, non creditur. What is not read is not believed. 4 Coke, 304. Quod non valet* in principal!, in ee-oessorio son consequent! non valebit; et qnod non valet in magis proplnquo non valebit in magis remote 8 Coke, 78. That which is not good against the principal will not be good as to accessories or consequences; and that which is not of force in regard to things near it will not be of force in regard to things remote from it. Less...

Which note; which mark. A reporter's note in the old books, directing attention to a point or rule. Dyer, 23. Quod nullius esse potest id ut alieu-Jns floret nulla obligatio valet effleere. No agreement can avail to make that the property of any one which cannot be acquired as property. More...

Which note; which mark. A reporter's note in the old books, directing attention to a point or rule. Dyer, 23. Quod nullius esse potest id ut alieu-Jns floret nulla obligatio valet effleere. No agreement can avail to make that the property of any one which cannot be acquired as property. Dig. 50,17, 182. Quod nullius est. est domini regis. That which is the property of nobody belongs to our lord the king. Fleta, lib, 1, c 3; Broom, Max. 354. Quod nullius est. id ratione naturali occupant! oonoeditur. That which is the property of no one Is, by natural reason, given to the [flrst] occupant Dig. 41, 1, 3; Inst 2, 1, 12. Adopted in the common law. "2Bl. Comm. 258."Quod nullum ost, nullum producit effectual. That which is null produces no effect Tray. Leg. Max. 519. Quod omnes tanglt ab omnibus debet supportari. That which touches or concerns all ought to he supported by all. 3 How. State Tr. 878, 1087. Less...

That the parties do replead. The form of the judgment on award of a repleader. 2 Salk. 579.

That the parties do replead. The form of the judgment on award of a repleader. 2 Salk. 579. Less...

That partition be made. The name of the judgment in a suit for partition, directing that a partition be effected. Quod pendet non est pro eo quasi sit. What is in suspense is considered as not existing during such suspense. Dig. 50, 17, 109, 1. Quod per me non possum, More...

That partition be made. The name of the judgment in a suit for partition, directing that a partition be effected. Quod pendet non est pro eo quasi sit. What is in suspense is considered as not existing during such suspense. Dig. 50, 17, 109, 1. Quod per me non possum, nee per alium. What I cannot do by myself, I cannot by another. 4 Coke, 24b; 11 Coke, 87a. Quod per reeordum probatum, non de* bet esse negatum. o What is proved by record ought not to be denied. Less...

That he permit In old English law. A writ which lay for the heir of him that was disseised of his common of pasture, against the heir of the disseisor. Cowell.

That he permit In old English law. A writ which lay for the heir of him that was disseised of his common of pasture, against the heir of the disseisor. Cowell. Less...

That he permit to abate. In old practice. A writ in the nature of a writ of right which lay to abate a nuisance. 3 Bl. Comm. 221. And see Conhocton Stone Road v. Buffalo, etc., R. Co., 51 N. Y. 579, 10 Am. Rep. 646; Powell v. Furniture.Co., 34 More...

That he permit to abate. In old practice. A writ in the nature of a writ of right which lay to abate a nuisance. 3 Bl. Comm. 221. And see Conhocton Stone Road v. Buffalo, etc., R. Co., 51 N. Y. 579, 10 Am. Rep. 646; Powell v. Furniture.Co., 34 W. Va. 804, 12 S. E. 1085, 12 L. R. A. 53; Miller v. True-hart, 4 Leigh (Va.) 577. Less...

A writ which lay for spiritual persons, distrained in their spiritual possessions, for payment of a fifteenth with the rest of the parish. Fitzh. Nat Brev. 175. Obsolete. Quod populus postromum jussit, id jus ratum esto. What the people have last enacted, let that be the established law. A law More...

A writ which lay for spiritual persons, distrained in their spiritual possessions, for payment of a fifteenth with the rest of the parish. Fitzh. Nat Brev. 175. Obsolete. Quod populus postromum jussit, id jus ratum esto. What the people have last enacted, let that be the established law. A law of the Twelve Table*, the principle of which is still recognized. 1 Bl. Comm. 89. Quod primum est intentione ultimum est in oporatione. That which is flrst in intention Is last In operation.' Bac. Max. Quod prineipi plaouit legis habet vigo-rem. That which has pleased the prince has the force of law. The emperor's pleasure has the force of law. Dig. 1, 4, 1; Inst 1, 2, 6w A celebrated maxim of imperial law. Quod prius est Tortus est; et quod prius est tempore potins est jure. Co. Litt. 347. What is flrst is true; and what is flrst in time is better in law. Quod pro minoro lieitum est et pro majoro lieitum est. 8 Coke, 43. That which is lawful as to the minor is lawful as to the major. Less...

That he do abate. The name of a judgment upon an indictment for a nuisance, that the defendant abate such nuisance. Quod pure debetur present! die debe-tur. That which is due unconditionally is due now. Tray. Leg. Max. 519. Quod quis en culpa sua damnum sentit non intelligitur damnum sentire. More...

That he do abate. The name of a judgment upon an indictment for a nuisance, that the defendant abate such nuisance. Quod pure debetur present! die debe-tur. That which is due unconditionally is due now. Tray. Leg. Max. 519. Quod quis en culpa sua damnum sentit non intelligitur damnum sentire. The damage which one experiences from his own fault is not considered, as his damage-Dig. 50, 17, 203. Quod quis sclens indebitum debit hae mente, ut postea repeteret, repetere non potest. That which one has given, knowing it not to be due, with the intention of re-demanding it he cannot recover back. Dig. 12, 6 50. Quod quisquis norit in hoc se euereeat. Let every one employ himself in what he knows. , 11 Coke, 10. Less...