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Legal Term Dictionary

Search our free database of thousands of legal terms. The easiest-to-read, most user-friendly guide to legal terms.This dictionary is from the early 20th century and is not to be construed as legal advice.

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TESTE OF A WRIT
In practice. The concluding clause, commencing with the word "Witness," etc. A writ which bears the teste is sometimes said to be tested. "Teste" is a word commonly used in the last part of every writ, wherein the date is contained, beginning with the words, "Teste meipso," meaning the sovereign, More...

In practice. The concluding clause, commencing with the word "Witness," etc. A writ which bears the teste is sometimes said to be tested. "Teste" is a word commonly used in the last part of every writ, wherein the date is contained, beginning with the words, "Teste meipso," meaning the sovereign, if the writ be an original writ, or be issued in the name of the sovereign; but, if the writ be a judicial writ, then the word "Teste" is followed by the name of the chief judge of the court in which the action is brought, or, in case of a vacancy of such office, in the name of the senior puisne judge. Mozley & Whitley. Less...
TESTES
Lat. Witnesses. -Testes, trial per. A trial had before a judge without the intervention of a jury, in which the judge is left to form in his own breast his sentence upon the credit of the witnesses examined; but this mode of trial, although it was common in the civil More...

Lat. Witnesses. -Testes, trial per. A trial had before a judge without the intervention of a jury, in which the judge is left to form in his own breast his sentence upon the credit of the witnesses examined; but this mode of trial, although it was common in the civil law, was seldom resorted to in the practice of the common law, but it is now becoming common when each party waives his right to a trial by jury. Brown. .Testes ponderantnr, non nnmerantnr. Witnesses are weighed, not numbered. That is, in case of a conflict of evidence, the truth is to be sought by weighing the credibility of the respective witnesses, not by the mere numerical preponderance on one side or the other. Testes qnl postnlat debet dare els anmptns oompetentes. Whosoever demands witnesses must find them in competent provision. Testibns deponentibiu in part numero, dignioribns est oredendnm. Where tbe witnesses who testify are in equal number, [on both sides,] the more worthy are to be believed. 4 Inst 279. Less...
TESTIFY
To bear witness; to give evidence as a witness; to make a solemn declaration, under oath or affirmation, in a judicial inquiry, for the purpose of establishing or proving some fact See State v. Robertson, 26 S. C. 117, 1 S. E. 443; Gannon v. Stevens, 13 Kan. 459; Nash More...

To bear witness; to give evidence as a witness; to make a solemn declaration, under oath or affirmation, in a judicial inquiry, for the purpose of establishing or proving some fact See State v. Robertson, 26 S. C. 117, 1 S. E. 443; Gannon v. Stevens, 13 Kan. 459; Nash v. Hoxle, 59 Wis. 384, 18 N. W. 408; O'Brien v. State, 125 Ind 38, 25 N. E. 137, 9 L. R. A. 323; Mudge v. Gilbert 43 How. Prac. (N. Y.) 221. Testimonia ponderanda snnt, non immeranda. Evidence is to be weighed, not enumerated Less...
TESTIMONIAL
Besides its ordinary meaning of a written recommendation to character, "testimonial" has a special meaning, under St 39 Eliz. c. 17, | 3, passed in 1597, under which it signified a certificate under the hand of a justice of the peace, testifying the place and time when and where a More...

Besides its ordinary meaning of a written recommendation to character, "testimonial" has a special meaning, under St 39 Eliz. c. 17, | 3, passed in 1597, under which it signified a certificate under the hand of a justice of the peace, testifying the place and time when and where a soldier or mariner landed, and the place of his dwelling or birth, unto which he was to pass, and a convenient time limited for his passage. Every idle and wandering soldier or mariner not having such a testimonial, or willfully exceeding for above fourteen days the time limited thereby, or forging or counterfeiting such testimonial, was to suffer death as a felon, without benefit of clergy. This act was repealed, in 1812, by St 52 Geo. III. c. 31. Mozley A Whitley. Less...
TESTIMONIAL PROOF
In the civil law. Proof by the evidence of witnesses, i.e., parol evidence, as distinguished from proof by written instruments, which is called "literal" proof.

In the civil law. Proof by the evidence of witnesses, i.e., parol evidence, as distinguished from proof by written instruments, which is called "literal" proof. Less...
TESTIMONIO
In Spanish law. An authentic copy of a deed or other instrument ' made by a notary and given to an interested party as evidence of his title, the original remaining in the public archives. Guilbeau v. Mays, 15 Tex. 414.

In Spanish law. An authentic copy of a deed or other instrument ' made by a notary and given to an interested party as evidence of his title, the original remaining in the public archives. Guilbeau v. Mays, 15 Tex. 414. Less...
TESTIMONIUM CLAUSE
In conveyancing. That clause of a deed or instrument with which it concludes: "In witness whereof, the parties to these presents have hereunto set their hands and seals."

In conveyancing. That clause of a deed or instrument with which it concludes: "In witness whereof, the parties to these presents have hereunto set their hands and seals." Less...
TESTIMONY
Evidence of a witness; evidence given by a witness, under oath or affirmation; as distinguished from evidence derived from writings, and other sources. Testimony is not synonymous with evidence. It is but a species, a class, or kind of evidence. Testimony is the evidence given by witnesses. Evidence is whatever More...

Evidence of a witness; evidence given by a witness, under oath or affirmation; as distinguished from evidence derived from writings, and other sources. Testimony is not synonymous with evidence. It is but a species, a class, or kind of evidence. Testimony is the evidence given by witnesses. Evidence is whatever may be given to the jury as tending to prove a case. It includes the testimony of witnesses, documents, admissions of parties, etc. Mann v. Hlggins, 83 Cal. 66, 23 Pac. 206; Carroll v. Bancker, 43 La. Ann. 1078, 10 South. 192; Columbia Nat. Bank v. German Nat. Bank, 56 Neb. 803, 77 N. W. 346; Harris v. Tom-linson, 130 Ind. 426, 30 N. E. 214. See EVIDENCE. -Negative testimony. Testimony not bearing directly upon the immediate fact or occurrence under consideration, but evidencing facts from which it may be inferred that the act or fact in question could not possibly have happened. See Barclay v. Hartman, 2 Marv. (Del) 351, 43 Atl. 174. Less...
TESTIS
Lat A witness; one who gives evidence In court or who witnesses a document Testis de visa praeponderat aliis. 4 Inst 279. An eye-witness is preferred to others. Testis lnpanaris snffieit ad factum in lupanari. Moore, 817. A lewd person is a sufficient witness to an act committed in a More...

Lat A witness; one who gives evidence In court or who witnesses a document Testis de visa praeponderat aliis. 4 Inst 279. An eye-witness is preferred to others. Testis lnpanaris snffieit ad factum in lupanari. Moore, 817. A lewd person is a sufficient witness to an act committed in a brothel. Testis nemo in sna eansa esse potest No one can be a witness in his own cause. Testis oculatus unus plus valet quam auriti decern. 4 Inst 279. One eye-witness is worth more than ten ear-witnesses. Less...
TESTMOIGNE
An old law French term, denoting evidence or testimony or a witness. Testmoignes ne poent testifier le negative, mes raffirmative. Witnesses cannot testify to a negative; they must testify to an affirmative. 4 Inst. 279.

An old law French term, denoting evidence or testimony or a witness. Testmoignes ne poent testifier le negative, mes raffirmative. Witnesses cannot testify to a negative; they must testify to an affirmative. 4 Inst. 279. Less...

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