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Legal Term Dictionary

Search our free database of thousands of legal terms. The easiest-to-read, most user-friendly guide to legal terms.This dictionary is from the early 20th century and is not to be construed as legal advice.

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REBUT
In pleading and evidence. To rebut is to defeat or take away the effect ot something. Thus, when a plaintiff in an action produces evidence which raises a presumption of the defendant's liability, and the defendant adduces evidence which shows that the presumption is ill-founded, he Is said to "rebut More...

In pleading and evidence. To rebut is to defeat or take away the effect ot something. Thus, when a plaintiff in an action produces evidence which raises a presumption of the defendant's liability, and the defendant adduces evidence which shows that the presumption is ill-founded, he Is said to "rebut it" Sweet. In the old law of real property, to rebut was to repel or bar a claim. Thus, when a person was sued for land which had been warranted to him by the plaintiff or his ancestor, and he pleaded the warranty aa a defense to the action, this was called a "rebutter." Co. Litt. 865a; Termes de la Ley. -Robnt an eqnity. To defeat an apparent equitable right or claim, by the introduction of evidence showing that, in the particular circumstances, there is no ground for such equity to attach, or that it is overridden by a superior or countervailing equity. See 2 Whart Ev. f 973. Less...
REBUTTABLE PRESUMPTION
In the law of evidence. A presumption which may be rebutted by evidence. Otherwise called a "disputable" presumption. A species of legal presumption which holds good until disproved. Best, Pres. I 25; 1 Greenl Ev. I 33.

In the law of evidence. A presumption which may be rebutted by evidence. Otherwise called a "disputable" presumption. A species of legal presumption which holds good until disproved. Best, Pres. I 25; 1 Greenl Ev. I 33. Less...
REBUTTAL
The introduction of rebutting evidence; the stage of a trial at which such evidence may be introduced; also the rebutting evidence itself. Lux v. Haggin, 69 Cal. 255, 10 Pac. 674.

The introduction of rebutting evidence; the stage of a trial at which such evidence may be introduced; also the rebutting evidence itself. Lux v. Haggin, 69 Cal. 255, 10 Pac. 674. Less...
REBUTTER
In pleading. A defendant's answer of fact to a plaintiff's surrejoinder ; the third pleading in the series on the part of the defendant Steph. PI. 59; 8 BL Comm. 310.

In pleading. A defendant's answer of fact to a plaintiff's surrejoinder ; the third pleading in the series on the part of the defendant Steph. PI. 59; 8 BL Comm. 310. Less...
REBUTTING EVIDENCE
See EVIDENCE.

See EVIDENCE. Less...
RECALL
In International law. To summon a diplomatic minister back , to his home court, at the same time depriving him of his office and functions.

In International law. To summon a diplomatic minister back , to his home court, at the same time depriving him of his office and functions. Less...
RECALL A JUDGMENT
To revoke, cancel, vacate, or reverse a judgment for matters of fact; when it ia annulled by reason of errors of law, it is said to be "revereed."

To revoke, cancel, vacate, or reverse a judgment for matters of fact; when it ia annulled by reason of errors of law, it is said to be "revereed." Less...
RECAPTION
A retaking, or taking hack. A species of remedy by the mere act of the party injured, (otherwise termed "reprisal,") which happens when any one has deprived another of his property in goods or chattels personal, or wrongfully detains one's wife, child, or servant In this case, the owner of More...

A retaking, or taking hack. A species of remedy by the mere act of the party injured, (otherwise termed "reprisal,") which happens when any one has deprived another of his property in goods or chattels personal, or wrongfully detains one's wife, child, or servant In this case, the owner of the goods, and the husband, parent or master may lawfully claim and retake them, wherever he happens to find them, so it be not in a riotous manner, or attended with a breach of the peace. 3 Inst 134; 3 Bl. Comm. 4; 3 Steph. Comm. 358; Prigg v. Pennsylvania, 16 Pet 612, 10 L. Ed. 1060. It also signifies the taking a second distress of one formerly distrained during the plea grounded on the former distress. Also a writ to recover damages for him, whose goods, being distrained for rent in service, etc., are distrained again for the same cause, pending the plea in the county court, or before the justice. Fitzh. Nat Brev. 71. Less...
RECAPTURE
The taking from an enemy, by a friendly force, a vessel previously taken for prize by such enemy. Reoeditur a plaeitis juris, potins quam injuria) et delicto ntaneant impunita. Positive rules of law as distinguished from maxims or conclusions of reason] will be receded from, [given up or dispensed with,] More...

The taking from an enemy, by a friendly force, a vessel previously taken for prize by such enemy. Reoeditur a plaeitis juris, potins quam injuria) et delicto ntaneant impunita. Positive rules of law as distinguished from maxims or conclusions of reason] will be receded from, [given up or dispensed with,] rather than that crimes and wrongs should remain unpunished. Bac. Max. 55, reg. 12. Less...
RECEIPT
A receipt is the written acknowledgment of the receipt of money, or a thing of value, without containing any affirmative obligation upon either party to it; a mere admission of a fact in writing. Krutz v. Craig, 53 Ind. 574. A receipt may be defined to be such a written More...

A receipt is the written acknowledgment of the receipt of money, or a thing of value, without containing any affirmative obligation upon either party to it; a mere admission of a fact in writing. Krutz v. Craig, 53 Ind. 574. A receipt may be defined to be such a written acknowledgment by one person of his having received money from another as will be prima facie evidence of that fact in a court of law. Kegg v. State, 10 Ohio, 75. Also the act or transaction of accepting or taking anything delivered. In old practice. Admission of a party to. defend a suit, as of a wife on default of the husband in certain cases. little 668; Co. Litt 352b. Less...

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