Legal Term Dictionary

To set down a cause for trial or hearing at a given term is to enter ita title in the calendar, list or docket of causes which are to be brought on at that term.

To set down a cause for trial or hearing at a given term is to enter ita title in the calendar, list or docket of causes which are to be brought on at that term. Less...

In mercantile law. Foreign bills are usually drawn in duplicate or triplicate, the several parts being called respectively "flrst of exchange," "second of exchange," etc., and these parts together constitute a "set of exchange." Any one of them being paid, the others become void.

In mercantile law. Foreign bills are usually drawn in duplicate or triplicate, the several parts being called respectively "flrst of exchange," "second of exchange," etc., and these parts together constitute a "set of exchange." Any one of them being paid, the others become void. Less...

A counter-claim or cross-demand ; a claim or demand which the defendant in an action sets off against the claim of the plaintiff, as being his due, whereby he may extinguish the plaintiff's demand, either in whole or in part according to the amount of the set-off. See In re More...

A counter-claim or cross-demand ; a claim or demand which the defendant in an action sets off against the claim of the plaintiff, as being his due, whereby he may extinguish the plaintiff's demand, either in whole or in part according to the amount of the set-off. See In re Globe Ins. Co., 2 Edw. Ch. (N. Y.) 627; Sherman v. Hale, 76 Iowa, 883, 41 N. W. 48 ; Naylor v. Smith, 63 N. J. Law, 596, 44 Atl. 649; Hurdle y, Hanner, 50 N. C. 360; Wills v. Browning, 96 Ind. 149. Set-off Is a defense which goes not to tbe Justice of the plaintiffs demand, but sets up a demand against the plaintiff to counterbalance his in whole or in part Code Ga. 1882, ft 2899. For the distinction between set-off and recoupment, see RECOUPMENT. "Set-off" differs from a "lien," inasmuch as the former belongs exclusively to the remedy, and is merely a right to insist, if the party think proper to do so, when sued by his creditor on a counter-demand, which can only be enforced through the medium of judicial proceedings; while the latter is, in effect, a substitute for a suit. 2 Op. Attys. Gen. 677. Less...

In pleading. To recite or narrate facts or circumstances; to allege or aver; to describe or to incorporate; as, to set out a deed or contract First Nat Bank v. Engelbercht 58 Neb. 639, 79 N. W. 556; U. S. v. Watkins, 28 Fed. Cas. 436.

In pleading. To recite or narrate facts or circumstances; to allege or aver; to describe or to incorporate; as, to set out a deed or contract First Nat Bank v. Engelbercht 58 Neb. 639, 79 N. W. 556; U. S. v. Watkins, 28 Fed. Cas. 436. Less...

To bring forward or allege, as something relied upon or deemed sufficient; to propose or interpose, by way of defense, explanation, or justification; as, to set up the statute of limitations, i. e., offer and rely upon it as a defense to a claim.

To bring forward or allege, as something relied upon or deemed sufficient; to propose or interpose, by way of defense, explanation, or justification; as, to set up the statute of limitations, i. e., offer and rely upon it as a defense to a claim. Less...

In Scotch law. The granter of a tack or lease. 1 Forb. Inst pt 2, p. 153.

In Scotch law. The granter of a tack or lease. 1 Forb. Inst pt 2, p. 153. Less...

To adjust, ascertain, or liquidate; to pay. Parties are said to settle an account when they go over its items and ascertain and agree upon the balance due from one to the other. And, when the party indebted pays such balance, he is also said to settle it Auzerais v. More...

To adjust, ascertain, or liquidate; to pay. Parties are said to settle an account when they go over its items and ascertain and agree upon the balance due from one to the other. And, when the party indebted pays such balance, he is also said to settle it Auzerais v. Naglee, 74 Cal. 60, 15 Pac. 371; Jackson v. Ely, 57 Ohio St. 450, 49 N. E. 792; People v. Green, 5 Daly (N. Y.) 201; Lynch v. Nugent 80 Iowa, 422, 46 N. W. 61. To settle property is to limit it, or the income of it to several persons in succession, so that the person for the time being in the possession or enjoyment of it has no power to deprive the others of their right of future enjoyment Sweet To settle a document is to make it right in form and in substance. Documents of difficulty or complexity, such as mining leases, settlements by will or deed, partnership agreements, etc., are generally settled by counsel. Id. The term "settle" is also applied to paupers. Settle np. A term, colloquial rather than legal, which is applied to the final collection, adjustment and distribution of the estate of a decedent, a bankrupt or an insolvent corpora--tion. It includes the processes of collecting the property, paying debts and charges, and turning over the balance to those entitled to receive it. -Settled estate. See ESTATE.-Settling* a bill of exceptions. When the bill of exceptions prepared for an appeal is not accepted as correct by the respondent, it is settled (t. e., adjusted and finally made conformable to the truth) by being taken before the judge who presided at the trial, and by him put into a form agreeing with his minutes and his recollection. See Railroad Co. v. Cone, 37 Kan. 507, 15 Pac. 490; In re Prout's Estate (Sur.) 11 N. Y. Supp. 160.-Settling: day. The day on which ?transactions for the account" are made up on the English stock-exchange. In consols they are monthly; in other investments, twice in the month.-Settling* interrogatories. The determination by the court of objections to interrogatories and cross-interrogatories prepared to be used in, taking a deposition.-Settling issues. In English practice. Arranging or determining the form of the issues in a cause. "Where, in any action, it appears to the judge that the statement of claim or defense or reply does not sufficiently disclose the issues of fact between the parties, he may direct the parties to prepare issues; and such issues shall, if the parties differ, be settled by the judge.'* Judicature Act 1875, schedule, art. 19. Less...

In conveyancing. A disposition of property by deed, . usually through the medium of a trustee, by which its enjoyment is limited to several persons In succession, as a wife, children, or other -relatives. In contracts. Adjustment or liquidation of mutual accounts; the act by which parties who have been More...

In conveyancing. A disposition of property by deed, . usually through the medium of a trustee, by which its enjoyment is limited to several persons In succession, as a wife, children, or other -relatives. In contracts. Adjustment or liquidation of mutual accounts; the act by which parties who have been dealing together arrange their accounts and strike a balance. Also full and final payment or discharge of an account - In pdor laws. The term signifies a tight acquired by a person, by continued residence for a given length of time in a town or district, to claim aid or relief under the poor-laws in case of his becoming a pauper. See Westfleld v. Coventry, 71 Vt 175, 44 Atl. 66; Jefferson v. Washington, 19 Me. 300; Jackson County v. Hillsdale County, 124 Mich. 17, 83 N. W. 408. In probate praotioe. The settlement of an estato consists in its administration by the executor or administrator carried so far that all debts and legacies have been paid and the individual shares of distributees in the corpus of the estate, or the residuary portion, as the case may be, definitely ascertained and determined, and accounts filed and passed, so that nothing remains but to make final distribution. See Calkins v. Smith, 41 Mich. 409, 1 N. W. 1048; Forbes v. Harrington, 171 Mass* 386, 50 N. E. 641; Appeal of Mathews, 72 Conn. 555, 45 Atl. 170. -Act of settlement. The statute 12 & 13 Wm. III. c* 2, by which the crown of England was limited to the house of Hanover, and some new provisions were added at the same time for the better securing the religion, laws, and liberties.-Deed of settlement. A deed made for the purpose of settling property, t. e., arranging the mode and extent of the enjoyment thereof. The party who settles property is called the "settlor ;" and usually his wife and children or his creditors or his near relations are the beneficiaries taking interests under the settlement prown.-Eqnity of settlement. The equitable right of a wife, when her husband sues in equity for the reduction of her equitable estate to his own possession, to have the whole or a portion of such estate settled upon herself and her children. Also a similar right now recognized by the equity courts as directly to be asserted against the husband. Also called the "wife's equity."-Final settlement. This term, as applied to the administration of an* estate, is usually understood to have reference to the order of court approving the account which ocloses tbe business of the estate, and which finally discharges the executor or administrator from the duties of his trust Roberts v. Spencer, 112 Ind. 85, 13 N. E. 129; Sims v. Waters, 65 Ala. 445.-Striot settlement. This phrase was formerly used to denote a settlement whereby land was limited to a parent for life, and after his death to his first and other sons or children in tail, with trustees interposed te preserve contingent remainders. 1 Steph. Comm. 332, 333.-Voluntary settlement. A settlement of property upon a wife or other beneficiary, made gratuitously or without valuable consideration. Less...

A person who, for the purpose of acquiring a pre-emption right, has gone upon the land in question, and is actually resident there. See Hume v. Gracy, 86 Tex. 671, 27 S. W. 584; Davis v. tfoung, 2 Dana (Ky.) 299; Mclntyre v. Sherwood, 82 Cat 139, 22 Pac. 937.

A person who, for the purpose of acquiring a pre-emption right, has gone upon the land in question, and is actually resident there. See Hume v. Gracy, 86 Tex. 671, 27 S. W. 584; Davis v. tfoung, 2 Dana (Ky.) 299; Mclntyre v. Sherwood, 82 Cat 139, 22 Pac. 937. Less...

The grantor or donor in a deed of settlement.

The grantor or donor in a deed of settlement. Less...