Legal Term Dictionary

An asking or petition; the' expression of a desire to some person for something to be granted or done; particularly for the payment of a debt or performance of a contract. The two words, "request" and "require," as used in notices to creditors to present claims apainst an estate, are More...

An asking or petition; the' expression of a desire to some person for something to be granted or done; particularly for the payment of a debt or performance of a contract. The two words, "request" and "require," as used in notices to creditors to present claims apainst an estate, are of the same origin, and virtually synonymous. Prentice v. Whitney, 8 Hun (N. Y.) 300. In pleading. The statement in the plaintiff's declaration that the particular payment or performance, the failure of which constitutes the cause of action, was duly requested or demanded of the defendant. -Request, letters of. In English law. Many suits are brought before the Dean of the Arches as original judge, the cognisance of which properly belongs to inferior jurisdictions within the province, but in respect of which the inferior judge has waived his jurisdiction under a certain form of proceeding known in the canon law by the denomination of "letters of request'* 3 Steph; Comm. 306.-Request note. In English law. A note requesting permission to remove dutiable goods from one place to another without paying the excise.-Requests, courts of. See COUBTS or REQUESTS.-Special request. A request actually made, at a particular time and place. This term is nsed in contradistinction to a general request, which need not state the time when nor place where made. 3 Bouv. Inst no. 2843. Less...

A demand in writing, or formal request or requirement Bain v. State, 61 Ala. 79; Atwood v. Charlton, 21 R. I. 568, 45 Aa 580. In international law. The formal demand by one government upon another, or by the governor of one of the United States upon the governor of More...

A demand in writing, or formal request or requirement Bain v. State, 61 Ala. 79; Atwood v. Charlton, 21 R. I. 568, 45 Aa 580. In international law. The formal demand by one government upon another, or by the governor of one of the United States upon the governor of a sister state, of tbe surrender of a fugitive criminal. In Scotch law. A demand made by s creditor that a debt be paid or an obligation fulfilled. Bell. -Requisitions on title, in English conveyancing, are written inquiries made by the solicitor of an intending purchaser of land, or of any estate or interest therein, and addressed to the vendor's solicitor, in respect of some apparent insufficiency in the abstract of title. Mosley & Whitley. Less...

In Scotch law. Inferior fiefs; portions of a fief or feud granted out to inferior tenants. 2 Bl. Comm. 57. Rerum ordo eonfundltur si unieuiqno Jnrisdietio non servetnr. 4 Inst. Proem. The order of things is confounded if every one preserve not his jurisdiction. Rerum progress us ostendunt multa, qua More...

In Scotch law. Inferior fiefs; portions of a fief or feud granted out to inferior tenants. 2 Bl. Comm. 57. Rerum ordo eonfundltur si unieuiqno Jnrisdietio non servetnr. 4 Inst. Proem. The order of things is confounded if every one preserve not his jurisdiction. Rerum progress us ostendunt multa, qua in initio prsecaveri sen prsBviderl non pounnt. 6 Coke, 40. The progress of events shows many things which, at the beginning, could not be guarded against or foreseen. onanun quilibet est moderator et arbiter. Every one is the regulator and disposer of his own property. Co. Litt 223a. Less...

Lat In the civil law. A thing; an object As a term of the law, this word has a very wide and extensive signification, Including not only things which are objects of property, but also such as are not capable of individual ownership. See Inst. 2, 1, pr. And in More...

Lat In the civil law. A thing; an object As a term of the law, this word has a very wide and extensive signification, Including not only things which are objects of property, but also such as are not capable of individual ownership. See Inst. 2, 1, pr. And in old English law it is said to have a general import, comprehending both corpo¬real and incorporeal things of whatever kind, nature, or species. 3 Inst. 182. See Bract, fol. 7b. By "res" according to the modern civil¬ians, is meant everything that may form an object of rights, in opposition to "per¬sona," which is regarded as a subject of rights. "Res," therefore, in its general meaning, comprises actions of all kinds; while in its restricted sense it comprehends every object of right, except actions. Mack¬eld. Rom. Law, § 146. This has reference to the fundamental division of the Institutes, that all law relates either to persons, to things, or to actions. Inst 1, 2, 12. In modern usage, the term is particularly applied to an object, subject-matter, or status, considered as the defendant in an action, or as the object against which, directly, proceedings are taken. Thus, in a prize case, the captured vessel is "the res." And proceedings of this character are said to be in rem. (See IN PERSONAM; IN REM.) "Res" may also denote the action or proceeding, as when a cause, which is not between adversary parties, is entitled "In re Classification. Things (res) have been va-riously divided and classified in law, e. g., in the following ways: (1) Corporeal and incorporeal things; (2) movables and immovables; (3) res mancipi and res neo mancipi; (4) things real and things personal: (5) things in possession and choses (i. e., things) in action; (6) fungible things and things not fungible, (fungibiles vel non fungibiles;) and (7) res singula (i. e.. in-dividual objects) and dmversitates rerum, (i. e., aggregates of things.) Also persons are for some purposes and in certain respects regarded as things. Brown. —Res aeoossoria. In the civil law. An ac-cessory thing; that which belongs to a princi-pal thing, or is in connection with it.—Res ad-judicata. A common but indefensible misspell¬ing of res judicata. The latter term designates a point or question or subject-matter which was in controversy or dispute and has been authori¬tatively and finally settled by the decision of a court Res adjud%cata (if there be such a term) could only mean an article or subject of prop¬erty "awarded to" a piven person by the judg¬ment of a court, which might perhaps be the case in replevin and similar actions.—Ros ea-dnoa. In the dvil law. A fallen or escheated thing; an escheat. Hallifax, Civil Law, b. 2L c. 9, no. 60.—Ros eommnnos. In the civil law. Things common to all; that is, those things which are used and enjoyed by every one, even in single parts, but can never be exclusive¬ly acquired as a whole, e. g., light and air. Inst 2, 1, 1; Mackeld. Rom. LAW, § 169.—Res controversy. In the civil law. A matter con¬troverted; a matter in controversy; a point in question ; a question for determination. Calvin. —Res coronas. In old English law. Things of the crown; such as ancient manors, homages of the king, liberties, etc. Fleta, lib. 3, c. 6, § 3. —Res eorporales. In the civil law. Corpo¬real things; things which can be touched, or are perceptible to the senses. Dig. 1, 8, 1, 1; Inst. 2, 2; Bract fols. 7b, 105, 136.—Res dereliota. Abandoned property; property thrown away or forsaken by the owner, so as to become open to the acquisition of the first taker or occupant See Rhodes v. Whitehead, 27 Tex. 313, 84 Am. Dec. 631.—Res fnnaibiles. In the civil law. Fungible things; things of such a nature that they can be replaced by equal quantities and qualities when returning a loan or delivering goods purchased, for example, so many bushels of wheat or so many dollars; but a particular horse or a particular jewel would not be of Ibis character.—Res furtivse. In Scotch law. Goods which have been stolen. Bell.—Res ges¬tae. Things done; transactions; essential cir¬cumstances surrounding the subject The cir¬cumstances, facts, and declarations which grow out of the main fact, are contemporaneous with it, and serve to illustrate its character. See Stirling v. Buckingham, 46 Conn. 464; Ft Smith Oil Co. v. Slover, 58 Ark. 168. 24 S. W, 100; State v. Prater, 52 W. Va. 132, 43 S. Ew 230; Davids v. People, 192 111. 176, 61 N. E. 537 ; Hall v. State. 48 Ga. 607; Railway Co. v. Moore, 24 Tex. Civ. App. 489, 59 S. W. 282. —Res habiles. In the civil law. things which are prescriptible; things to which a lawful ti¬tle may be acquired by ordinary prescription.— Res immobiles. In the civil law. Immova¬ble things; including land and that which is connected therewith, either by nature or art such as trees and buildings. Mackeld. Rom. Law, f 160.—Res inoorporales. In the civil law. Incorporeal things; things which cannot be touched; such as those things which consist in right. Inst. 2, 2; Bract, fols. 7ft, 10ft. Such things as the mind alone can perceive.—Res In¬tegra. A whole thing: a new or unopened thing. The term is applied to those points of law which have not been decided, which are un* touched by dictum or decision. 3 Mer. 269.— Res inter alios acta. A thing done between others, or between third parties or strangers. See Chicago, etc.. R. Co. v. Schmitz, 211 111* 446, 71 N. E. 1050.—Res ipsa loquitur. The thing speaks for itself. A phrase used in ac¬tions for injury by negligence where no proof of negligence is required beyond the accident it¬self, which is such as necessarily to involve neg¬ligence: e. g., a collision between two trains up¬on a railway. Wharton. See Benedick v. Potts, 88 Md. 52, 40 Atl. 1067, 41 L. R. A. 478: Grif* fen v. Manice, 166 N. Y. 188, 59 N. E 925. 52 L. R. A. 922, 82 Am. St. Rep. 630; Excelsior Electric Co. v. Sweet, 57 N. J. Lew, 224, 30 Atl. 553; Houston v. Brush, 66 Vt 331, 29 Atl. 380: Scott v. London, etc., Docks Co., 3 Hurl. & C. 596.—Res judicata. A matter ad¬judged; a thing judicially acted upon or de¬cided; a thing or matter settled by judgment. A phrase of the civil law, constantly quoted in the books. 2 Kent. Comm. 120.—Res litigi¬ous. In Roman law, things which are in liti¬gation ; property or rights which constitute the subject-matter of a pending action.—Res man¬cipi. In Roman law. Certain classes of things which could not be aliened or transferred ex¬cept by means of a certain formal ceremony of conveyance called "mandpatio," (q. v.) These included land, houses, slaves, horses, and cattle. All other things were called "res nec mancipi." The distinction was abolished by Justinian;— Res monies. In the civil law. Movable things; things which may be transported from one place to another, without injury to their substance and form. Things corresponding with the chattels personal of the common law. 2 Kent, Comm. 347.—Res nova. A new matter; a new case; a question not before decided.— Res nullius. The property of nobody. A thing which has no owner, either because a former owner has finally abandoned it, or be¬cause it has never been appropriated by any person, or because (in the Roman law) it is not susceptible of private ownership.—Res periit domino. A phrase used to express that, when a thing is lost or destroyed, it is lost to the per¬son who was the owner of it at the time. Broom, Max. 238.—Res privates. In the civil law. Things the property of one or more in¬dividuals. Mackeld. Rom. Law, § 157.—Ros publics. Things belonging to the public; pub¬lic property; such as the sea, navigable rivers, highways, etc.—Ros quotidianss. Every-day matters; familiar points or questions.—Res religiose). Things pertaining to religion. In Roman law, especially, burial-places, which were regarded as sacred, and could not be the sub¬jects of commerce.—Res sacrss. In the civil law. Sacred things. Things consecrated by the pontiffs to the service of God; such as sacred edifices, and gifts or offerings. Inst. 2, 1, 8. Chalices, crosses, censers. Bract, fol. 8.—Res sanetsB. In the civil law. Holy things; such as the walls and gates of a city. Inst. 2, 1, 10. Walls were said to be holy, because any offense against them was punished capitally. Bract, fol. 8.—Res universitatis. In the civil law. Things belonging to a community, (as, to a mu¬nicipality,) the use and enjoyment of which, ac¬cording to their proper purpose, is free to every member of the community, but which cannot be appropriated to the exclusive use of any individ¬ual; such as the public buildings, streets, etc. Inst. 2, 1, 6; Mackeld. Rom. Law, § 170. Less...

Where a person who has sold goods or other property to a purchaser sells them again to some one else. Sometimes a vendor reserves the right of reselling if the purchaser commits default in payment of the purchase money, and in some cases (e. iron a sale of perishable articles) More...

Where a person who has sold goods or other property to a purchaser sells them again to some one else. Sometimes a vendor reserves the right of reselling if the purchaser commits default in payment of the purchase money, and in some cases (e. iron a sale of perishable articles) the vendor may do so without having reserved the right Sweet Less...

In old English practice. All admission or receiving a third person te plead his right in a cause formerly com menced between two others; as, in an action by tenant for life or years, he in the reversion might come in and pray to be received to defend the land, More...

In old English practice. All admission or receiving a third person te plead his right in a cause formerly com menced between two others; as, in an action by tenant for life or years, he in the reversion might come in and pray to be received to defend the land, and to plead with the demandant Cowell. -Reseit of homage. The lord's receiving homage of his tenant at his admission to the land. Kitch. 148. Less...

To abrogate, annul, avoid, or cancel a contract; particularly, nullifying a contract by the act of a party. See Powell v. Linde Co., 29 Misc. Rep. '419, 60 N. Y. Supp. 1044; Hurst v. Trow Printing Co., 2 Misc. Rep. 861, 22 N. Y. Supp. 871.

To abrogate, annul, avoid, or cancel a contract; particularly, nullifying a contract by the act of a party. See Powell v. Linde Co., 29 Misc. Rep. '419, 60 N. Y. Supp. 1044; Hurst v. Trow Printing Co., 2 Misc. Rep. 861, 22 N. Y. Supp. 871. Less...

Lat In the civil law. An annuling; avoiding, or making void; abrogation; rescission. Cod. 4, 44

Lat In the civil law. An annuling; avoiding, or making void; abrogation; rescission. Cod. 4, 44 Less...

Rescission, or the act of rescinding, Is where a contract is canceled, annulled, or abrogated by the parties, or one of them. In Spanish law, nullity is divided into absolute and relative. The former is that which arises from a law, whether civil or criminal, the principal motive for which More...

Rescission, or the act of rescinding, Is where a contract is canceled, annulled, or abrogated by the parties, or one of them. In Spanish law, nullity is divided into absolute and relative. The former is that which arises from a law, whether civil or criminal, the principal motive for which is the public interest; and the latter is that which affects only certain individuals. "Nullity" is not to be confounded with "rescission." Nullity takes place when the act is affected by a radical vice, which prevents it from producing any effect; as where an act is in contravention of the laws or of good morals, or where it has been executed by a person who cannot be supposed to have any will, as a child under the age of seven years, or a madman, (un nino o demente.) Rescission Is where an act valid in appearance, nevertheless conceals a defect which may make it null, if demanded by any of the parties; as, for exam-trie, mistake, force, fraud, deceit, want of sufficient age, etc Nullity relates generally to public order, and cannot therefore be made good either by ratification or prescription; so that the tribunals ought for this reason alone, to decide that the null act can have no effect, without stopping to inquire whether the parties to It have or nave not received any injury. Rescission, on the contrary, may be made good by ratification or by the silence of the parties; and neither of the parties can demand it unless he can prove that he has received some prejudice or sustained some damage by the act Sunol v. Hepburn, 1 Cal. 281, citing Escriche. Less...

In Scotch law. One to rescind or annul a deed or contract.

In Scotch law. One to rescind or annul a deed or contract. Less...