Legal Term Dictionary

Works which a railway company is required to make and maintain for the accommodation of the owners or occupiers of land adjoining the railway; e. g., gates, bridges, culverts, fences, etc. 8 Vict c. 20, J 68.

Works which a railway company is required to make and maintain for the accommodation of the owners or occupiers of land adjoining the railway; e. g., gates, bridges, culverts, fences, etc. 8 Vict c. 20, J 68. Less...

In criminal law. A person who knowingly, voluntarily, and with common intent with the principal offender unites in the commission of a crime. Clapp V, State, 94 Tenn. 180, 30 S. W4 214; People y. Bolanger, 71 Cal. 17, 11 Pac. 709; State v. Umble, 115 Mo. 432, 22 S. More...

In criminal law. A person who knowingly, voluntarily, and with common intent with the principal offender unites in the commission of a crime. Clapp V, State, 94 Tenn. 180, 30 S. W4 214; People y. Bolanger, 71 Cal. 17, 11 Pac. 709; State v. Umble, 115 Mo. 432, 22 S. W. 378; Carroll v. State, 45 Ark. 039; State v. Light, 17 Or. 358, 21 Pac. 132. One who is joined or united with another ; one of several concerned in a felony; an associate in a crime; one who co-operates, aids, or assists in committing it. State v. Ean, 90 Iowa, 534, 58 N. W. 898. This term includes all the participes criminis, whether considered in strict legal propriety as principals or as accessaries. 1 Russ. Crimes, 26. It is generally applied to those who are admitted to give evidence against their fellow criminals. 4 Bl. Comm. 331; Hawk. P. C. bk. 2, c. 37, § 7; Cross v. People, 47 111. 158, 95 Am. Dec. 474. One who is in some way concerned in the commission of a crime, though not as a principal; and this includes all persons who have been concerned in its commission, whether they are considered, in strict legal propriety, as principals in the first or second degree, or merely as accessaries before or after the fact. In re Rowe, 77 Fed. 161, 23 C. C. A. 103; People v. Bolanger, 71 Cal. 17, 11 Pac. 799; Polk v. State, 36 Ark. 117; Armstrong v. State, 33 Tex. Cr. R. 417, 20 S. W. 829. Less...

v. In practice. To agree or concur, as one judge with another. "I accord." Eyre, C. J., 12 Mod. 7. "The rest accorded." 7 Mod. 361.

v. In practice. To agree or concur, as one judge with another. "I accord." Eyre, C. J., 12 Mod. 7. "The rest accorded." 7 Mod. 361. Less...

n. A satisfaction agreed upon between the party injuring and the party injured which, when performed, is a bar to all actions upon this account. Kromer v. Helm, 75 N. Y. 576, 31 Am, Rep. 491. An agreement to accept, in extinction of an obligation, something different from or less More...

n. A satisfaction agreed upon between the party injuring and the party injured which, when performed, is a bar to all actions upon this account. Kromer v. Helm, 75 N. Y. 576, 31 Am, Rep. 491. An agreement to accept, in extinction of an obligation, something different from or less than that to which the person agreeing to accept is entitled. Civ. Code CaL § 1521; Civ. Code Dak. § 859. Less...

An agreement between two, persons, one of whom has a right of action against the other, that the latter should do or give, and the former accept, something in satisfaction of the right of action different from, and usually less than, what might be legally enforced. When the agreement is More...

An agreement between two, persons, one of whom has a right of action against the other, that the latter should do or give, and the former accept, something in satisfaction of the right of action different from, and usually less than, what might be legally enforced. When the agreement is executed, and satisfaction has been made, it is called ''accord and satisfaction." Rogers' v. Spokane, 9 Wash. 168, 37 Pac. 300; Davis v. Noaks, 3 J. J. Marsh. (Ky.) 494. Accord and satisfaction is the substitution of another agreement between the parties in satisfaction of the former one, and an execution of the latter agreement. Such is the definition of this sort of defense, usually given. But a broader application of the doctrine has been made in later times, where one promise or agreement is set up in satisfaction of another. The rule is that an agreement or promise of the same grade will not be held to be in satisfaction of a prior one, unless it has been expressly accepted as such; as, where a new promissory note has been given in lieu of a former one, to have the effect of a satisfaction of the former, it must have been accepted on an express agreement to that effect. Pulliam v. Taylor, '50 Miss. 251; Continental Nat. Rank v. Mc--Geoch, 92 Wis. 286, 66 X. W. 606; Heath, u. Vaughn, 11 Colo. App. 384, 53 Pac. 22ft; Story v. Maclay, 6 Mont. 492, 13 Pttc. 198*; .Swoflford Bros. Dry Goods Co. v. Goss, 65 Mo. App. 55; Rogers v. Spokane, 9 Wash 168, 37 Pac. 300; Ifeavenrich v. Steele, 57 Jdinn. 221, 58 N. W. 982. Less...

Fr. and Eng. Agreeing; concurring. "Baron Parker, accordant." Hardr. 93; "Holt, C. J., accordant." 6 Mod. 299; "Powys, J., accord" "Powell, J., accord" Id. 298.

Fr. and Eng. Agreeing; concurring. "Baron Parker, accordant." Hardr. 93; "Holt, C. J., accordant." 6 Mod. 299; "Powys, J., accord" "Powell, J., accord" Id. 298. Less...

The act of a woman in giving birth to a child. The fact of the accouchement proved by a person who was present, is often important evidence in proving the parentage of a person.

The act of a woman in giving birth to a child. The fact of the accouchement proved by a person who was present, is often important evidence in proving the parentage of a person. Less...

A detailed statement of the mutual demands in the nature of debt and credit between parties, arising out of contracts or some fiduciary relation. Whitwell y. Willard, 1 Mete. (Mass.) 216; Blakeley v. Blscoe, 1 Hempst. 114, Fed. Cas. No. 18,239; Portsmouth v. Donaldson, 32 Pa. 202, 72 Am. Dec. More...

A detailed statement of the mutual demands in the nature of debt and credit between parties, arising out of contracts or some fiduciary relation. Whitwell y. Willard, 1 Mete. (Mass.) 216; Blakeley v. Blscoe, 1 Hempst. 114, Fed. Cas. No. 18,239; Portsmouth v. Donaldson, 32 Pa. 202, 72 Am. Dec. 782. A statement in writing, of debts and credits., or of receipts and payments ; a list of items of debts and credits, with their respective dates. Rensselaer Glass Factory y. Reid, 5 Cow. (N. Y.) 593. - The word is sometimes used to denote the balance, or the right of action for the balance, appearing due upon a statement of dealings; as where one speaks of an assignment of accounts; but there is a broad distinction between an account and the mere balance of an account, resembling the distinction in logic between the premises of an argument and the conclusions drawn therefrom. A balance is but the conclusion or result of the debit and credit sides of an account It implies mutual dealings, and the existence of debt and credit, without which there could be no balance. McWilliams v. Allan, 45 Mo. 574, —Account closed. An account, to which no further additions can be made on either side, but which remains still open for adjustment and set-off, which distinguishes it from an account stated. Bass v. Bass. 8 Pick. (Mass.) 387; Volkening v. De Graaf, 81 N. Y. 268; Mandeville v. Wilson, 5 Cranch, 15, 3 L. Ed. 23.-Account current. An open or running or unsettled account between two parties.— Account duties. Duties payable by the English customs and inland revenue act 1881. (44 Vict C 12, I 38.) on a donatio mortis causa, or on any gift, the donor of which dies within three months after making it, or on joint property voluntarily so created, and taken by survivorship, or on property taken under a voluntary settlement in which the settlor had a life-interest.—Account rendered. An account made out by the creditor, and presented to the debtor for his examination and acceptance. When accepted, it becomes an account stated. Wiggins v. Burkham, 10 Wall. 129, 19 L. Ed. 884; Stebbins v. Niles, 25 Miss. 2G7.—Account stated. The settlement of an account between the parties, with a balance struck in favor of one of them; an account rendered by the creditor, and by the debtor assented to as correct either expressly, or by implication of law from the failure to object. Ivy Coal Co. v. Long, 139 Ala. 535, 36 South. 722: Zac-arino v. Pallotti. 49 Conn. 30; McLellan v. Crofton, 6 Me. 307; James v. Fellowes. 20 La. Ann. 116; Lockwood v. Thome, 18 N. Y. 285; Holmes v. Page. 19 Or. 232, 23 PaC. 961; Philips v. Belden, 2 Edw. Ch. (N. Y.) 1; Ware v. Manning, 86 Ala. 238, 5 South. 682-; Morse v. Minton, 101 Iowa. 603, 70 N. W. 691. This was also a common count in a declaration upon a contract under which the plaintiff might prove an absolute acknowledgment by the defendant of a liquidated demand of a fixed amount, which implies a promise to pay on request. It might be joined with any other count or a money demand. The acknowledgment or admission must have been made to the plaintiff or his agent. Wharton.—Mutual accounts. Accounts comprising mutual credits between the parties; or an existing credit on one side which constitutes a ground for credit on the other, or where there is an understanding that mutual debts shall be a satisfaction or set-off pro tanto between the parties. McNeil v. Garland, 27 Ark. 343.—Open account. An account which has not been finally settled or closed, but is still running or open to future adjustment or liquidation. Open account in legal as well as in ordinary language, means an indebtedness subject to future adjustment and which may be reduced or modified by proof. Nisbet v. Lawson, 1 Ga. 275; Gayle v. Johnston, 72 Ala. 254. 47 Am. Hep. 405; McCamant v. Batsell, 59 Tex. 368; Purvis v. Kroner, 18 Or. 414, 23 Pac. 260.—Public accounts. The accounts kept by officers of the nation, state, or kingdom, of the receipt and expenditure of the revenues of the government. Less...

In practice. "Account," sometimes called "account render," was a form of action at common law against a person who by reason of some fiduciary relation (as guardian, bailiff, receiver, etc.) was bound to render an account to another, but refused to do so. Fitzh. Nat. Brev. 116; Co. Litt. 172; More...

In practice. "Account," sometimes called "account render," was a form of action at common law against a person who by reason of some fiduciary relation (as guardian, bailiff, receiver, etc.) was bound to render an account to another, but refused to do so. Fitzh. Nat. Brev. 116; Co. Litt. 172; Griffith v. Willing, 3 Bin. (Pa.) 317; Travers v. Dyer, 24 Fed. Cas. 142; Stevens v. Coburn, 71 Vt 261, 44 Atl. 354; Portsmouth v. Donaldson, 32 Pa. 202, 72 Am. Dec. 782. In England, this action early fell into disuse; and as it is one of the most dilatory and expensive actions known to the law, and the parties are held to the ancient rules of pleading, and no discovery can be obtained, it never was adopted to any great extent in the United States. But in some states this action was employed, chiefly because there were no chancery courts in which a bill for an accounting would lie. The action is peculiar in the fact that two judgments are rendered, a preliminary judgment that the defendant do account with the plaintiff (quod computet) and a final judgment (quod recuperet) after the accounting for the balance found due. Field v. Brown, 146 Ind. "293, 45 N. E. 464; Travers v. Dyer, 24 Fed. Cas. 142. Less...

A book kept by a merchant, trader, mechanic, or other person, in which are entered from time to time the transactions of his trade or business. Such hooks, when regularly kept, may be admitted in evidence. Greenl. Ev. §§ 115-11&

A book kept by a merchant, trader, mechanic, or other person, in which are entered from time to time the transactions of his trade or business. Such hooks, when regularly kept, may be admitted in evidence. Greenl. Ev. §§ 115-11& Less...