Legal Term Dictionary

Foresters who have the care of a certain space of ground assigned to them. Cowell.

Foresters who have the care of a certain space of ground assigned to them. Cowell. Less...

The renunciation, repudiation, abandonment, or surrender of some claim, right, privilege, or of the opportunity to take advantage of some defect, irregularity, or wrong. The passing by of an occasion to enforce a legal right, whereby the right to enforce the same is lost; a common instance of this is More...

The renunciation, repudiation, abandonment, or surrender of some claim, right, privilege, or of the opportunity to take advantage of some defect, irregularity, or wrong. The passing by of an occasion to enforce a legal right, whereby the right to enforce the same is lost; a common instance of this is where a landlord waives a forfeiture of a lease by receiving rent, or distraining for rent, which has accrued due after the breach of covenant causing the forfeiture became known to him. Wharton. This word is commonly used to denote the declining to take advantage of an irregularity in legal proceedings, or of a forfeiture in-curred through breach of covenants in a lease. A gift of goods may be waived by a disagreement to accept; so a plaintiff may commonly sue in contract waiting the tort. Brown. See Bennecke v. Insurance Co., 105 U. S. 355, 26 L. Ed. 990; Christenson v. Carleton. 69 Vt. 91, 37 Atl. 226; Shaw v. Spencer, 100 Mass. 395. 97 Am. Dec. 107, 1 Am. Rep. 115; Star Brewery Co. v. Primas, 163 111. 652, 45 N. E. 145; Reid v. Field, 83 Va. 26, 1 S. E. 395; Caulfield v. Finnegan, 114 Ala. 39, 21 South. 484; Lyman v. Little¬ton, 50 N. H. 54; Smiley v. Barker, 83 Fed. 684, 28 C. C. A. 9; Boos v. Ewing, 17 Ohio, 523, 49 Am. Dec. 478. — Implied waiver. A waiver is implied where one party has pursued such a course of conduct with reference to the other party as to evidence' an intention to waive his rights or the advan¬tage to which he may be entitled, or where the conduct pursued is inconsistent with any other honest intention than an intention of such waiver, provided that the other party concern¬ed has been induced by such conduct to act up¬on the belief that there has been a waiver, and has incurred trouble or expense thereby. Ast-ritch v. German-American Ins. Co., 131 Fed. 20, 65 C. C. A. 251; Roumage v. Insurance Co., 13 N. J. Law, 124.—Waiver of exemption. A clause inserted in a note, bond, lease, etc expressly waiving the benefit of the laws ex¬empting limited amounts .of personal property from levy and sale on judicial process, so far as concerns the enforcement of the particular debt or obligation. See Mitchell v. Coates, 47 loir 2i£;* Wyman v. Gay 90 Me. 36, 37 AtL 325. 60 Am. St. Rep. 238; Howard B. & L. Ass'n v. Philadelphia & R. R. Co., 102 Pa. 22a —Waiver of protest. An agreement by the indorser of a note or bill to be bound in his character of indorser without the formality of a protest in case of non-payment, or, in the case of paper which cannot or is not required to be protested, dispensing with the necessity of a demand and notice. See First Nat Bank v. Falkenhan, 94 Cal. 141, 29 Pac. 866; Codding-ton v. Davis, 1 N. Y. 190.—Waiver of tort. The election, by an injured party, for purposes of redress, to treat the facts as establishing an implied contract, which he may enforce, instead of an injury by fraud or wrong, for the commit¬ting of which he may demand damages, compen¬satory or exemplary. Harway v. Mayor, etc., of City of New York, 1 Hun (N. Y.) 630. Less...

An erection of stone, brick, or other material, raised to some height, and in¬tended for purposes of security or inclosure. In law, this term occurs in such compounds as "ancient wall," "party-wall," "division* wall," etc. —Common wall. A party wall; one which has been built at the common expense of More...

An erection of stone, brick, or other material, raised to some height, and in¬tended for purposes of security or inclosure. In law, this term occurs in such compounds as "ancient wall," "party-wall," "division* wall," etc. —Common wall. A party wall; one which has been built at the common expense of the two owners whose properties are contiguous, or a wall built by one party in which the other Has acquired a common right. Campbell v. Mesier, 4 Johns. Ch. (N. Y.) 342, 8 Am. Dec. 570. Less...

In old English law. A wall; a sea-wall; a mound, bank, or wall erected in marshy districts as a protection against the sea.

In old English law. A wall; a sea-wall; a mound, bank, or wall erected in marshy districts as a protection against the sea. Less...

Beads made of shells, used as money by the North American Indians, and which continued current in New York as late as 1693.

Beads made of shells, used as money by the North American Indians, and which continued current in New York as late as 1693. Less...

In Scotch law. A wand or staff carried by the messenger of a court, and which, when deforced, (that is, hindered from executing process.) he breaks, as a symbol of the deforcement,- and protest for remedy of law. 2 Forb. Inst. 207.

In Scotch law. A wand or staff carried by the messenger of a court, and which, when deforced, (that is, hindered from executing process.) he breaks, as a symbol of the deforcement,- and protest for remedy of law. 2 Forb. Inst. 207. Less...

An ancient customary tenure of lands; I. e.t to drive deer to a stand tbat the lord may have a shot. Blount, Ten. 140.

An ancient customary tenure of lands; I. e.t to drive deer to a stand tbat the lord may have a shot. Blount, Ten. 140. Less...

In marine insurance. Ullage; deficiency in the contents of a cask or vessel caused by leaking. Cory v. Boyl* ston Fire A Marine Ins. Co., 107 Mass. 140, 0 Am. Rep. 14.

In marine insurance. Ullage; deficiency in the contents of a cask or vessel caused by leaking. Cory v. Boyl* ston Fire A Marine Ins. Co., 107 Mass. 140, 0 Am. Rep. 14. Less...

Regardless of another's rights. See WANTONNESS.

Regardless of another's rights. See WANTONNESS. Less...

A reckless or malicious and intentional disregard of the property, rights, or safety of others, implying, active¬ly, a licentious or contemptuous willingness to injure and disregard of the consequences to others, and, passively, more than mere negligence, that is, a conscious and inten-tional disregard of duty. See Braslngton v. South More...

A reckless or malicious and intentional disregard of the property, rights, or safety of others, implying, active¬ly, a licentious or contemptuous willingness to injure and disregard of the consequences to others, and, passively, more than mere negligence, that is, a conscious and inten-tional disregard of duty. See Braslngton v. South Bound R. Co., 62 S. C. 325, 40 S. E. 665, 89 Am. St. Rep. 905; Louisville & N. R. Oo. v. Webb, 97 Ala. 308, 12 South. 374; Branch v. State, 41 Tex. 625; Harward v. Davenport, 105 Iowa, 592, 75 N. W. 487; .Trauerman v. Lipplncott, 39 Mo. App. 488; Everett v. Richmond A D. R. Co., 121 N. C. 519, 27 S. E. 991; Birmingham Ry. & El. Co. v. Pinckard, 124 Ala. 372, 26 South. 880. Reckless sport; willfully unrestrained ac-tion, running immoderately into excess. Cobb v. Bennett, 75 Pa. 330, 15 Am. Rep. 752. A licentious act by one man towards the person of another, without regard to his rights; as, for example, if a man should at¬tempt to pull off another's hat against bis will in order to expose him to ridicule, the offense would be an assault, and If he touch¬ed him It would amount to a battery. Bouvier. Less...