Legal Term Dictionary

In its general sense, a reply is what the plaintiff, petitioner, or other person who has instituted a proceeding says In answer to the defendant's case. Sweet. On trial or argnment. When a case is tried or argued in court, the speech or argument of the plaintiff in answer to More...

In its general sense, a reply is what the plaintiff, petitioner, or other person who has instituted a proceeding says In answer to the defendant's case. Sweet. On trial or argnment. When a case is tried or argued in court, the speech or argument of the plaintiff in answer to that of the defendant is called his "reply." Under the practice of the chancery and common-law courts, to reply is to file or deliver a replication, (q. v.) Under codes of reformed procedure, "re: ply" ia very generally the name of the pleading which corresponds to "replication" in common-law or equity practice. Less...

In Scotch practice. To replace; to restore to a former state or right. 2 Alls. Crim. Pr. 351.

In Scotch practice. To replace; to restore to a former state or right. 2 Alls. Crim. Pr. 351. Less...

An official or formal statement of facts or proceedings. In practice. The formal statement in writing made to a court by a master in chancery, a clerk, or referee, as the result of his inquiries into some matter referred to him by the court. The name is also applied (usually More...

An official or formal statement of facts or proceedings. In practice. The formal statement in writing made to a court by a master in chancery, a clerk, or referee, as the result of his inquiries into some matter referred to him by the court. The name is also applied (usually in the plural) to the published volumes, appearing periodically, containing accounts of the various cases argued and determined in the courts, with the decisions thereon. Lord Coke defines "report" to be "a public relation, or a bringing again to memory cases judicially argued, debated, resolved, or adjudged in any of the king's courts of justice, together witn such causes and reasons as were delivered by the judges of the same." Co. Litt. 293. -Report of committee. The report of a legislative committee is that communication which the chairman of the committee makes to the house at the close of the investigation upon which it has been engaged. Brown.-Report office. A department of the English court of chancery. The suitors' account there is discontinued by the 15 & 16 Vict. c. 87, ? 36. Less...

A person who reports the decisions upon questions of law In the cases adjudged in the several courts of law and equity. Wharton.

A person who reports the decisions upon questions of law In the cases adjudged in the several courts of law and equity. Wharton. Less...

The name given, par excellence, to Lord Coke's Reports, from 14 Eliz. to 13 Jac L, which are cited as "Rep." or "Coke." They are divided Into thirteen parts, and the modern editions are In six volumes, including the index.

The name given, par excellence, to Lord Coke's Reports, from 14 Eliz. to 13 Jac L, which are cited as "Rep." or "Coke." They are divided Into thirteen parts, and the modern editions are In six volumes, including the index. Less...

In old English law. An act whereby certain forest grounds, being made purlieu upon v view, were by a second view laid to the forest again, put back into the forest Man-wood ; Cowell.

In old English law. An act whereby certain forest grounds, being made purlieu upon v view, were by a second view laid to the forest again, put back into the forest Man-wood ; Cowell. Less...

A storehouse or place wherein things are kept; a warehouse. Cro. Car. 555.

A storehouse or place wherein things are kept; a warehouse. Cro. Car. 555. Less...

To exhibit; to expose before the eyes. To represent a thing is to produce it publicly. Dig. 10, 4, 2, 3. To represent a person is to stand in his place; to supply his place; to act as his substitute. Plummer v. Brown, 64 Cal. 420, 1 Pac. 703; Solon More...

To exhibit; to expose before the eyes. To represent a thing is to produce it publicly. Dig. 10, 4, 2, 3. To represent a person is to stand in his place; to supply his place; to act as his substitute. Plummer v. Brown, 64 Cal. 420, 1 Pac. 703; Solon v. Williamsburgh Sav. Bank, 35 Hun (N. Y.) 7. Less...

In Contracts. A statement made by one of two contracting parties to the other, before or at the time of making the contract, in regard to some fact circumstance, or state of facts pertinent to the contract, which is influential In bringing about the agreement. In insurance. A collateral statement, More...

In Contracts. A statement made by one of two contracting parties to the other, before or at the time of making the contract, in regard to some fact circumstance, or state of facts pertinent to the contract, which is influential In bringing about the agreement. In insurance. A collateral statement, either by writing not inserted in the policy or by parol, of such facts or circumstances, relative to the proposed adventure, as are necessary to be communicated to the underwriters, to enable them to form a just estimate of the risks. 1 Marsh. Ins. 450. The allegation of any facts, by the applicant to the Insurer, or vice versa, preliminary to making the contract, and directly bearing upon it, having a plain and evident tendency to induce the making of the policy. The statements may or may not be In writing, and may be either express or by obvious implication. Lee v. Howard Fire Ins. Co., 11 Cush. (Mass.) 324; Augusta Insurance A Banking Co. of Georgia v. Abbott, 12 Md. 348. In relation to the contract of insurance, there is an important distinction between a representation and a warranty. The former, which precedes the contract of insurance, and is no part of it, need be only materially true; the latter is a part of the contract, and must be exactly and literally fulfilled, or else the contract is broken and inoperative. Glendale Woolen Co. v. Protection Ins. Co., 21 Conn. 19, 54 Am. Dec. 309. In the law of distribution and descent. The principle upon which the issue of a deceased person take or inherit the share of an estate which their Immediate ancestor would have taken or inherited, If living; the taking or inheriting per stirpes. 2 Bl. Comm. 217, 517. In Seoteb law. The name of a plea or statement presented to a lord ordinary of the court of session, when his judgment Is brought under review. -False representation. A deceitful representation, or one contrary to the fact, made knowingly and with the design and effect of inducing the other party to enter into the contract to which it relates.-Misrepresentation. An intentional false statement respecting a matter of fact, made by one of the parties to a contract, which is material to the contract and influential in producing it-Promissory representation. A term used chiefly in insurance, and meaning a representation made by the assured concerning what is to happen during the term of the insurance, stated as a matter of expectation or even of contract, and amounting to a promise to be performed after the contract has come into existence. New Jersey Rubber Co. v. Commercial Union Assur. Co., 64 N. J. Law, 580, 46 Atl. 777.-Representation of persons. A fiction of the law, the effect of which is to put the representative in the place, degree, or right of the person represented. Civ. Code La. art. 894. Less...

Representation to the act of one person representing or standing in the place of another; and he who so represents or stands in the place of another is termed his "representative." Thus, an heir is the representative of the ancestor, and an executor is the representative of the testator, the More...

Representation to the act of one person representing or standing in the place of another; and he who so represents or stands in the place of another is termed his "representative." Thus, an heir is the representative of the ancestor, and an executor is the representative of the testator, the heir standing in the place of his deceased ancestor with respect to his realty, the executor standing in the place of his deceased testator with respect to his personalty; and hence the heir is frequently denominated the "real" representative, and the executor the "personal" representative. Brown; 2 Steph. Comm. 243. And see Lee v. Dill, 39 Barb. (N. Y.) 520 ; Staples v. Lewis, 71 Conn. 288, 41 Atl. 815; McCrary v. McCrary, 12 Abb. Prac. (N. Y.) 1. In constitutional law, representatives are these persons chosen by the people to represent thplr several interests In a legislative body. -Legal representative. A person who, in the law, represents the person and controls the rights of . another. Primarily the term meant those artificial representatives of a deceased person, the executors and administrators, who by law represented the deceased, in distinction from the heirs, who were the "natural" representatives. But as, under statutes of distribution, executors and administrators are no longer the sole representatives of the deceased as to personal property, the phrase has lost much of its original distinctive force, and is now used to describe either executors and administrators or children, descendants, next of kin, or distributees. Moreover, the phrase is not always used in its technical sense nor always with reference to the estate of a decedent; and in such other connections its import must be determined from the context; so that, in its general sense of one person representing another, or succeeding to the rights of another, or standing in the place of another, it may include an assignee in bankruptcy or insolvency, an assignee for the benefit of creditors, a receiver, an assignee of a mortgage, a grantee of land, a guardian, a purchaser at execution sale, a widow, or a surviving partner. See Staples v. Lewis, 71 Conn. 288, 41 Atl. 815; Miller v. Metcalf, 77 Conn. 176, 58 Atl. 743; Warnecke v. Lembca, 71 111. 95, 12 Am. Rep. 85; Thayer v. Pressey, 175 Mass. 225, 56 N. E. 5; Thompson v. U. S., 20 Ct CI. 278; Cox v. Curwen, 118 Mass. 200; Halsey v. Paterson, Less...