Legal Term Dictionary

In pleading and practice. A neighborhood; the neighborhood, place, or county In which an injury is declared to have been done, or fact declared to have happened. 3 Bl. Comm. 294. Venue also denotes the county in which an action or prosecution is brought for trial, and which is to More...

In pleading and practice. A neighborhood; the neighborhood, place, or county In which an injury is declared to have been done, or fact declared to have happened. 3 Bl. Comm. 294. Venue also denotes the county in which an action or prosecution is brought for trial, and which is to furnish the panel of jurors. To "change the venue" is to transfer the cause for trial to another county or district. See Moore v. Gardner, 5 How. Prac! (N. Y.) 243; Armstrong v. Emmet, 16 Tex. Civ. App. 242, 41 S. W. 87; Sullivan v. Hall, 86 Mich. 7, 48 N. W. 646, 13 L. R. A. 556; State v. McKinney, 5 Nev. 198. In the common-law practice, the venue is that part of the declaration in an action which designates the county in which the ac¬tion is to be tried. Sweet. —Local venue. In pleading. A venue which .mast be laid fn a particular county. When the actiori could have arisen only in a particular county, it is local, and the venue must be laid in that county. 1 Tidd, Pr. 427. Less...

L. Fr. True. An old form of vraL Thus, reray, or true, tenant, is one who holds in fee-simple; veray tenant by the manner, is the same as tenant by the man¬ner, (q. v.t) with this difference only: that the fee-simple, instead of remaining in the lord, is given by More...

L. Fr. True. An old form of vraL Thus, reray, or true, tenant, is one who holds in fee-simple; veray tenant by the manner, is the same as tenant by the man¬ner, (q. v.t) with this difference only: that the fee-simple, instead of remaining in the lord, is given by him or by the law to an¬other. Ham. N. P. 393, 394. Less...

Lat. (Plural of verbs.) Words. Verba cancellariss. Words of the chancery. The technical style of writs framed in the office of chancery. Fleta. lib. 4. c. 10. § 3. —Verba precaria. In the civil law. Precatory words; words of trust, or used to create a trust. Verba aeeipienda sunt cunt More...

Lat. (Plural of verbs.) Words. Verba cancellariss. Words of the chancery. The technical style of writs framed in the office of chancery. Fleta. lib. 4. c. 10. § 3. —Verba precaria. In the civil law. Precatory words; words of trust, or used to create a trust. Verba aeeipienda sunt cunt effectu, nt sortiantur effeetum. Words are to be received with effect, so that they may produce effect. Bac. Max. Verba aeeipienda snnt secundum sub-jeetam materiam. 6 Coke, 62. Words are to be understood with reference to the subject-matter. Verba s&quivoea, ac in dubfto sensu posita, intelliguntur digniori et poten-tiori sensu. Equivocal words, and such as are put In a doubtful sense, are [to be] un-derstood in the more worthy and effectual sense. 6 Coke, 20a. Verba aliquid operari debent; debent intelligi ut aliquid operentur. 8 Coke,9.. Words ought to have some operation; they ought to be interpreted in such a way as to have some operation. Verba artis. en arte. Terms of art should be explained from the art. 2 Kent, Comm. 556, note. ¦ Verba ehartarum fortius accipiuntur contra proferentem. The words of charters are to be received more strongly against the grantor. Co. Litt. 36; Broom, Max. 54. Verba eum effeotu aeeipienda sunt. Bac. Max. 3. Words ought to be used so as to give them their effect. Verba currentis monetae, tempns so-lutionis designant. Dav. 20. The words "current money" designate current at the time of payment. Verba debent intelligi eum effeetu, nt res magis valeat qnam pereat. Words ought to be understood with effect, that a thing may rather be preserved than destroy¬ed. 2 Smith, Lead Cas. 530.Verba debent intelligi ut aliquid ope-rentur. Words ought to be understood so as to have some operation. 8 Coke, 94a. Verba dieta de persona intelligi do-bent de condltione personse. WorAs spoken of a person are.to be understood of the condition of the person. 2 Rolle, 72. Verba fortius accipiuntur oontra pro-ferentem. Words are to be taken most strongly against him who uses them. Bac. Max. 11, reg. 3. Verba generalia generaliter snnt in-telligemla. 3 Inst 76. General words are to be generally understood. Verba generalia restringuntur ad hn-bilitatem rei vel aptltudinem persons. General words must be narrowed either to the nature of the subject-matter or -to the aptitude of the person. Broom, Max. 646. Verba illata (relate) inesse videntur. Words referred to are to be considered as if incorporated. Broom, Max. 674, 677; 11 Mees. A W. 183. Verba in different! materia per prius, mon per posterius, intelllgenda sunt. Words on a different subject are to be understood by what precedes, not by what comes after. A maxim of the civil law. Calvin. Verba intelligenda snnt in easn pos-sibill. Words are to be understood in [of] a possible case.. A maxim of the civil law. Calvin. Verba intention!, non e oontra, de¬bent inservire. 8 Coke, 94. Words ought to be made subservient to the Intent, not the Intent to the words. Verba ita sunt intelligenda, ut res magis valeat qnam pereat. The words [of an instrument] are to be so understood, that the subject-matter may rather be of force than perish, [rather be preserved than destroyed; or, in other words, that the instrument may have effect, if possible.] Bac. Max. 17, in reg. 3; Plowd. 156; 2 Bl. Comm. 380 ; 2 Kent, Comm. 555. Verba mere saquivoea, si per eommn-nem usum loquendi in intelleetn eerto sammuntnr, talis intelleetus praeferen-dus est. [In the case of] words merely equivocal, if they are taken by the common usage of speech in a certain sense, such sense is to be preferred. A maxim of the civil law. Calvin. Verba nihil operari melius est quam absurde. It is better that words should have no operation at all than [that they, should operate] absurdly. A maxim of the civil law. Calvin. Verba non tam intuenda, quam eansa et natura rei, ut mens eontrahentium ez els potins quam ez verbis appareat. The words [of a contract] are not so much to be looked at as the cause and nature of the thing, [which is the subject of it,] in order that the Intention of the contracting parties may appear rather from them than from the words. Calvin. Verba offend! possunt, imo ab eis re-eedere Meet, ut verba ad sanum intellec-tual reducantur. Words may be opposed, [taken in a contrary sense,] nay, we may dis-regard them altogether, in order that the [general] words [of an Instrument] may be restored to a sound meaning. A maxim of the civilians. Calvin. Verba ordinationis quando verinoari possunt in sna vera signineatione, trahi ad eztranenm intelleetum non debent. When the words of an ordinance can be car-ried into effect in their own true meaning, they ought not to be drawn to a foreign intendment A maxim of the civilians. Calvin. Verba posteriora propter eertitndinem addlta, ad priora qua certitudine indigent, sunt referenda.' Subsequent words, added for the purpose of certainty, are to be referred to the preceding words which re¬quire the certainty. Wing. Max. 167, max. 53; Broom, Max. 586. Verba pro re et subjecta materia ao-e!p! debent. Words ought to be understood in favor of the thing and subject-matter. A maxim of the civilians. Calvin. Verba quae aliquid operari possunt non debent esse superflua. Words which can have any kind of operation ought not to be [considered] superfluous. Calvin. Verba, quantum vis generalia, ad apti-,tudinem restringantur, etiamsi nnllam aliam paterentur restrictionem. Words, howsoever general, are restrained to fitness, (i. e.j to harmonize with the subject-matter,) though they would bear no other restriction. Splegellus. Verba relate hoo maxime operantur per referentiam, nt in eis inesse videm- tur. Related words [words connected with others by reference] have. this particular operation by the reference, that they are considered as being inserted in those [clauses which refer to them.] Co. Litt. 9b, 359a. Words to which reference is made in an instrument have the same effect and operation as if they were inserted in the clauses referring to them. Broom, Max. 673. Verba secundum materiam subjeetam intelligi nemo est qui neseiat. There Is no one who does not know that words are to be understood according to their subject-matter. Calvin. Verba semper aeeipienda sunt in mitiori sensu. Words are always to be taken in the milder sense. 4 Coke, 13a. Verba strietss signification!* ad latam extendi possunt, si subsit ratio. Words of a strict or narrow signification may be extended to a broad meaning, if there be ground in reason for it. A maxim of the civilians. Calvin. Verba snnt indices animi. Words are the Indices or indicators of the mind or thought. Latch, 106. Less...

Parol; by word of mouth; oral; as, verbal agreement, verbal evidence; or written, but not signed, or not executed with the formalities required for a deed or prescribed by statnte in particular cases. Musgrove v. Jackson, 59 Miss. 390.—Verbal note. A memorandum or note, in diplomacy, not signed, sent when More...

Parol; by word of mouth; oral; as, verbal agreement, verbal evidence; or written, but not signed, or not executed with the formalities required for a deed or prescribed by statnte in particular cases. Musgrove v. Jackson, 59 Miss. 390.—Verbal note. A memorandum or note, in diplomacy, not signed, sent when an affair has continued a long time without any reply, in order to avoid the appearance of an urgency which perhaps is not required; and, on the other hand, to guard against the supposition that it is forgotten, or that there is an intention of not prosecuting it any further. Wharton.—Verbal process. In Louisiana. Proces verbal, (q. v.) Verbis standunt nbi nnlla ambignitas. One must abide by the words where there is no ambiguity. Tray. Lat. Max. 612. Verbnm imperfect! temporis rem ad-bne imperfectam signincat. The imperfect tense of the verb indicates an incomplete matter. Mactier v. Frith, 6 Wend. (N. Y.) 103, 120, 21 Am. Dec. 262. Less...

An officer of the king's forest, who is sworn to maintain and keep the assizes of the forest, and to view, receive, and enroll the attachments and presentments of all manner of trespasses of vert and veni¬son in the forest. Manw. c. 6, | 5.

An officer of the king's forest, who is sworn to maintain and keep the assizes of the forest, and to view, receive, and enroll the attachments and presentments of all manner of trespasses of vert and veni¬son in the forest. Manw. c. 6, | 5. Less...

In practice. The formal and unanimous decision or finding of a jury, im-paneled and sworn for the trial of a cause, upon the matters or questions duly submitted to them upon the trial. The word "verdict" has a well-defined signification in law. It means the decision of a jury, and More...

In practice. The formal and unanimous decision or finding of a jury, im-paneled and sworn for the trial of a cause, upon the matters or questions duly submitted to them upon the trial. The word "verdict" has a well-defined signification in law. It means the decision of a jury, and it never means the decision of a court or a referee or a commissioner. In common language, the word "verdict" is sometimes used in a more extended sense, but in law it is always used to mean the decision of a jury; and we must suppose that the legislature intended to use the word as it is used in law. Kerner v. Petigo, 25 Kan. 656 —Adverse verdict. Where a party, appealing from an allowance of damages by commissioners, recovers a verdict in his favor, but for a less amount of damages than had been originally allowed, such verdict is adverse to him, within the meaning of his undertaking to pay costs if the verdict should be adverse to him. Hamblin v. Barnstable County, 16 Gray (Mass.) 250.— False verdict. An untrue verdict. Formerly, if a jury gave a false verdict, the party injur¬ed by it might sue out and prosecute a writ of attaint against them, either at common law or on the statute 11 Hen. VII. c. 24. at his election, for the purpose of reversing the judgment and punishing the jury for their verdict; but not where the jury erred merely in point of law, if they found according to the judge's di¬rection. The practice of setting aside verdicts and granting new trials, however, so superseded the use of attaints that there is no instance of one to be found in the books of reports later than in the time of Elizabeth, and it was alto-gether abolished by 6 Geo. IV. c. 50, * 60. Wharton.—General verdict. A verdict where¬by the jury find either for the plaintiff or for the defendant in general terms; the ordinary form of a verdict Glenn v. Sumner. 132 U. S. 152, 10 Sup. Ct. 41, 33 L. Ed. 301; Settle v. Alison, 8 Ga. 201, 52 Am. Dec. 393; Childs v. Carpenter, 87 Me. 114, 32 Atl. 780.—Open ver¬dict. A verdict of a coroner's jury which finds that the subject "came to his death by means to the jury unknown." or "came to his death at the hands of a person or persons to the jury un¬known," that is, one which leaves open either the question whether any crime was committed or the identity of the criminal.—Partial ver-dict. In criminal law, a verdict by which the jury acquit the defendant as to a part of tne accusation and find him guilty as to the residue. State v. McGee, 55 S. C. 247, 33 S. E. 353, Y4 Am. St. Rep. 741; U. S. v. Watkins, 28 Fed. Cas. 419.—Privy verdict. One given atter the judge has left or adjourned the court, and the jury, being agreed, in order to be delivered from their confinement, obtain leave to give their ver-dict privily to the judge out of court. Such a verdict is of no force unless afterwards aftinned by a public verdict given openly in court. This practice is now superseded by that of render-in* a sealed verdict See Young v. Seymour, 4 Neb. 89.—Public verdict. A verdict openly delivered by the jury in court. Withee v. Howe, 45 Me. 571.—Quotient verdict. A money ver¬dict the amount of which is fixed by the follow¬ing process: Each juror writes down the sum he wishes to award by the verdict and these amounts are all added together, and the total is divided by twelve, (the number of jurors,) and the quotient stands as tbe verdict of the jury by their agreement. See Hamilton v. Owego Water Worics, 22 App. Div. 573, 48 N. Y. Supp. 106; Moses v. Railroad Co.. 3 Misc. Rep. 322, 23 N. Y. Supp. 23.—Sealed verdict. See 'SEALED.—Special verdict. A special finding of the facts of a case by a jury, leaving to the court the application of the law to the facts thus found. 1 Archb. Pr. K. B. 213; 3 Bl. Comm. 377; Statler v. U. 8.. 157 U. S. 277, 15 Sup. Ct. 616. 39 L. Ed. 700; Day v. Webb. 28 Conn. 144; WalHngford v. Dunlap, 14 Pa. 32; McCormick v. Royal Ins. Co., 163 Pa. 184, 2f> Atl. 747.—Verdict subject to opinion of court. A verdict returned by tbe jury, the entry of judgment upon which is subject to the determination of points of law reserved by the court upon the trial. Less...

Sax. In old records, A packet-boat or transport vessel. Cowell.

Sax. In old records, A packet-boat or transport vessel. Cowell. Less...

L. Lat In old English law. A verdict; a declaration of the truth of a matter in issue, submitted to a jury for trial. Verediotum, quasi dictum veritatis f nt Judieinm quasi Juris dictum. Co. Litt 226. The verdict is, as it were, the dictum of truth; as the judgment More...

L. Lat In old English law. A verdict; a declaration of the truth of a matter in issue, submitted to a jury for trial. Verediotum, quasi dictum veritatis f nt Judieinm quasi Juris dictum. Co. Litt 226. The verdict is, as it were, the dictum of truth; as the judgment is the dictum of law. Less...

In English law. The compass of the royal court, which bounds the jurisdiction of the lord steward of the household; it seems to have been twelve miles about Britt 68. A quantity of land from fifteen to thirty acres. 28 Edw. I. Al¬so a stick, or rod, whereby one is More...

In English law. The compass of the royal court, which bounds the jurisdiction of the lord steward of the household; it seems to have been twelve miles about Britt 68. A quantity of land from fifteen to thirty acres. 28 Edw. I. Al¬so a stick, or rod, whereby one is admitted tenant to a copyhold estate. Old Nat Brev. 17. Less...

In Saxon law. A mulet or fine for a crime. See WEBEGILD.

In Saxon law. A mulet or fine for a crime. See WEBEGILD. Less...