Legal Term Dictionary

Lat. In the civil law. A species of obliteration. Dig. 28, 4, 1, 1.

Lat. In the civil law. A species of obliteration. Dig. 28, 4, 1, 1. Less...

The institution of one in an office to which another has been previously instituted; as where A. Is admitted and instituted to a benefice upon one title, and B. is admitted and Instituted on the title or presentment of another. 2 Cro. Eliz. 463. A church being full by institution, More...

The institution of one in an office to which another has been previously instituted; as where A. Is admitted and instituted to a benefice upon one title, and B. is admitted and Instituted on the title or presentment of another. 2 Cro. Eliz. 463. A church being full by institution, if a second institution is granted to the same church this is a superlnstltution. Wharton. Less...

In English law. An officer who superintends the registers of births, deaths, and marriages. There is one in every poor-law union in England and Wales

In English law. An officer who superintends the registers of births, deaths, and marriages. There is one in every poor-law union in England and Wales Less...

Higher; more elevated In rank or office. Possessing larger power. Entitled to command, influence, or control over another. In estates, some are superior to others. An estate entitled to a servitude or easement over another estate is called the "superior" or "dominant," and the other, the "inferior" or "servient," estate. More...

Higher; more elevated In rank or office. Possessing larger power. Entitled to command, influence, or control over another. In estates, some are superior to others. An estate entitled to a servitude or easement over another estate is called the "superior" or "dominant," and the other, the "inferior" or "servient," estate. 1 Bouv. Inst no. 1612. In the feudal law, until the statute quia emptore8 precluded subinfeudations, (q. v.,) the tenant who granted part of his estate to be held of and from himself as lord was called a "superior." ------Superior and vassal. In Scotch law. A feudal relation corresponding with the English "lord and tenant." Bell. -----Superior courts. In English law. The courts of the highest and most extensive jurisdiction, viz., the court of chancery and the three courts of common law, t. e.y the queen's bench, the common pleas, and the exchequer, which sit at Westminster, were commonly thus denominated. But these courts are now united in the supreme court of judicature. In American law. Courts of general' or extensive jurisdiction, as distinguished from the inferior courts. As the official style of a tribunal, the term "superior court" bears a different meaning in different states. In some it is a court of intermediate jurisdiction between the trial courts and the chief appellate court; elsewhere it is the designation of the ordinary nisi prius courts; in Delaware it is the court of last resort.-Superior fellow servant. A term recently introduced into the law of negligence, and meaning one higher in authority than another, and whose commands and directions his inferiors are bound to respect and obey, though engaged at the same manual work. Illinois Cent. R. Co. v. Coleman, 59 S. W. 14, 22 Ky. Law Rep. 878; Knutter v. Telephone Co.. 67 N. J. Law. 646, 52 Atl. 565, 58 L. R. A. 808.-Superior force. In the law of bailments and of negligence, an uncontrollable and irresistible force, of human agency, producing results which the person in question could not avoid; equivalent to the Latin phrase "vis major" See Vis. Less...

In Scotch law. The dominium directum of lands, without the profit 1 Forb. Inst. pt. 2, p. 97.

In Scotch law. The dominium directum of lands, without the profit 1 Forb. Inst. pt. 2, p. 97. Less...

Lat. In Roman law. Advocates who were not registered or enrolled and did not belong to the college of advocates. They were not attached to any local jurisdiction. See STATUTI.

Lat. In Roman law. Advocates who were not registered or enrolled and did not belong to the college of advocates. They were not attached to any local jurisdiction. See STATUTI. Less...

Lat. Surcharging a common; i. e., putting In beasts of a number or kind other than the right of common allows. -Superonoratione pastures. A judicial writ that lay against him who was impleaded in the county court for the surcharge of a common with his cattle, in a case where More...

Lat. Surcharging a common; i. e., putting In beasts of a number or kind other than the right of common allows. -Superonoratione pastures. A judicial writ that lay against him who was impleaded in the county court for the surcharge of a common with his cattle, in a case where he was formerly impleaded for it in the same court, and the cause was removed into one of the superior courts. Less...

In old English law. Overplus; surplus; residue or balance. Bract foL 301; Spelman.

In old English law. Overplus; surplus; residue or balance. Bract foL 301; Spelman. Less...

To annul; to stay; to suspend. Thus, it is said that the proceedings of outlawry may be superseded by the entry of appearance before the return of the exigent or that the court would supersede a fiat in bankruptcy, if found to have been improperly issued. Brown.

To annul; to stay; to suspend. Thus, it is said that the proceedings of outlawry may be superseded by the entry of appearance before the return of the exigent or that the court would supersede a fiat in bankruptcy, if found to have been improperly issued. Brown. Less...

Lat In practice. A writ ordering the suspension or superseding of another writ previously Issued. It directs the ofllcer to whom it is issued to refrain from executing or acting under another writ which is in his hands or may come to him. By a conventional extension of the term More...

Lat In practice. A writ ordering the suspension or superseding of another writ previously Issued. It directs the ofllcer to whom it is issued to refrain from executing or acting under another writ which is in his hands or may come to him. By a conventional extension of the term it has come to be used as a designation of the effect of any proceeding or act in a cause which, of its own force, causes a suspension or stay of proceedings. Thus, when we say that a writ of error is a supersedeas, we merely mean that it has the same effect of suspending proceedings in the court below, which would have been produced by writ of supersedeas. See Tyler v. Presley, 72 Cal. 290, 13 Pac. 856; Woolfolk v. Brims, 45 Minn. 96, 47 N. W. 460; Hovey v. McDonald, 100 U. S. 150, 3 Sup. Ct. 136, 27 U Ed. 888; Runyon v. Bennett 4 Dana (Ky.) 599, 29 Am. Dec. 431. Less...