Legal Term Dictionary

In American practice. A writ to bring up judgments of justices, of the peace. Halcombe v. Loudermilk, 48 K O. 491.

In American practice. A writ to bring up judgments of justices, of the peace. Halcombe v. Loudermilk, 48 K O. 491. Less...

In English practice. A writ by which a suit or plaint in replevin may be removed from a county court to one of the courts of West-minster Hall. 3 Bl. Comm. 149; 3 Steph. PJL 522, 666. So termed from the emphatic words of the old writ by which the More...

In English practice. A writ by which a suit or plaint in replevin may be removed from a county court to one of the courts of West-minster Hall. 3 Bl. Comm. 149; 3 Steph. PJL 522, 666. So termed from the emphatic words of the old writ by which the sheriff was commanded to cause the plaint to be recorded, and to have the record before the Superior Court. Less...

In old English practice. An entry made upon a record, in order to prevent any alteration of it 1 Ld. Raym. 211. An order or allowance that the verdict returned on the nisi prius roll be recorded.

In old English practice. An entry made upon a record, in order to prevent any alteration of it 1 Ld. Raym. 211. An order or allowance that the verdict returned on the nisi prius roll be recorded. Less...

v. L. Fr. In Norman law. To recite or testify on recollection what had previously passed in court. This was the duty of the judges and other principal persons who presided at the placitum; thence called "recordeurs." Steph. PL, Append, note 1L

v. L. Fr. In Norman law. To recite or testify on recollection what had previously passed in court. This was the duty of the judges and other principal persons who presided at the placitum; thence called "recordeurs." Steph. PL, Append, note 1L Less...

n. In old English law. barrister or other person learned in the law, whom the mayor or other magistrate of any city or town corporate, having jurisdiction or a court of record within their precincts, associated to him for his better direction in matters of justice and proceedings according to More...

n. In old English law. barrister or other person learned in the law, whom the mayor or other magistrate of any city or town corporate, having jurisdiction or a court of record within their precincts, associated to him for his better direction in matters of justice and proceedings according to law. Cowell. The name "recorder" Is also given to a magistrate, in the judicial systems of some of the states, who has a criminal jurisdiction analogous to that of a police judge or other Committing magistrate, and usually a limited dvil jurisdiction, and sometimes authority conferred by statute in special classes of proceedings. Also an officer appointed to make record or enrolment of deeds and other legal instruments authorized by law to be recorded. Less...

One of the justices of oyer and terminer, and a justice of the peace of the quorum for putting the laws in execution for the preservation of the peace and government of the city. Being the mouth of the city, he delivers the sentences and judgments of the court therein, More...

One of the justices of oyer and terminer, and a justice of the peace of the quorum for putting the laws in execution for the preservation of the peace and government of the city. Being the mouth of the city, he delivers the sentences and judgments of the court therein, and also certifies and records the city customs, etc. He is chosen by the lord mayor and aldermen, and attends the business of the city when summoned by the lord mayor, etc Wharton. Less...

Statutes enacted in the several states relative to the official recording of deeds, mortgages, bills of sale, chattel mortgages, etc., and the effect of such records as notice to creditors, purchasers, incumbrancers, and others interested.

Statutes enacted in the several states relative to the official recording of deeds, mortgages, bills of sale, chattel mortgages, etc., and the effect of such records as notice to creditors, purchasers, incumbrancers, and others interested. Less...

To deduct defalk, discount set off, or keep back; to withhold part of a demand.

To deduct defalk, discount set off, or keep back; to withhold part of a demand. Less...

In practice. Defalcation or discount from a demand. A keeping back something which is due, because there is an equitable reason to withhold it Tomlins. Recoupment ia a right of the defendant to have a deduction from the amount of the plaintiff's damages, for the reason that the plaintiff has More...

In practice. Defalcation or discount from a demand. A keeping back something which is due, because there is an equitable reason to withhold it Tomlins. Recoupment ia a right of the defendant to have a deduction from the amount of the plaintiff's damages, for the reason that the plaintiff has not complied with the cross-obligations or independent covenants arising under the same contract. Code Ga. 1882, ? 2900. It Is keeping back something which is due because there is an equitable reason to withhold it; and is now uniformly applied where a man brings an action for breach of a contract between him and the defendant; and where the latter can show that some stipulation in the same contract was made by the plaintiff, which he has violated, the defendant may, if he choose, instead of suing in his turn, recoups his damages arising from the breach committed by the plaintiff, whether they be liquidated or not Ives v. Van Eppes, 22 Wend. (N. Y.) 156. And see Barber v. Cbapin, 28 Vt. 413; Lew-ton v. Ricketts, 104 Ala. 430, 16 South. 59; Aultman v. Torrey. 55 Minn. 492, 57 N. W. 211; Dietrich v. Ely, 63 Fed. 413, 11 C. C. A. 266; The Wellsville v. Geissie, 3 Ohio St. 341; Nichols v. Dusenbury, 2 N. Y. 286; Myers v. Estell, 47 M$ss. 23. In speaking of matters to be shown in defense, the term "recoupment" is'often used as synonymous with "reduction." The term is of French origin, and signifies cutting again, or cutting back, and, as a defense, means the cutting back on the plaintiffs claim by the defendant Like reduction, it is of necessity limited to the amount of the plaintiff's claim. It is properly applicable to a case where the same contract imposes mutual duties and obligations on the two parties, and one seeks a remedy for the breach of duty by the second, and the second meets the demand by a claim for the breach of duty by the first. Davenport v. Hubbard, 46 Vt. 207, 14 Am. Rep. 620. "Recoupment" differs from "set-off" In this respect: that any claim or demand the defendant may have against the plaintiff may be used as a set-off, while it la not a subject for recoupment unless it grows out of the very same transaction which furnishes the plaintiff's cause of action. The term la, as appears above, synonymous with "reduction;" but the latter Is not a technical term of the law; the word "defalcation," in one of Ita meanings, expresses the same idea, and la used interchangeably with recoupment. Recoupment as a remedy, corresponds to the reconvention of the civil law. Less...

The phrase "without recourse" is used in the form of making a qualified or restrictive indorsement of a bill or note. By these words the Indorser signifles that while he transfers his property In the Instrument, he does not assume the resixrosl-bility of an indorser. See Lyons v. Fitzpab-rick, 52 More...

The phrase "without recourse" is used in the form of making a qualified or restrictive indorsement of a bill or note. By these words the Indorser signifles that while he transfers his property In the Instrument, he does not assume the resixrosl-bility of an indorser. See Lyons v. Fitzpab-rick, 52 La. Ann. 697, 27 South. 111. Less...