Legal Term Dictionary

In the canon law. A kind of spiritual relationship contracted by baptism.

In the canon law. A kind of spiritual relationship contracted by baptism. Less...

Spiritual affinity, contracted by sponsorship in baptism.

Spiritual affinity, contracted by sponsorship in baptism. Less...

Such relation and consistency between the duties of two offices that they may be held and filled by one person.

Such relation and consistency between the duties of two offices that they may be held and filled by one person. Less...

In Scotch law. To appear.

In Scotch law. To appear. Less...

In Scotch practice. Appearance; an appearance made for a defendant; an appearance by counsel. Bell.

In Scotch practice. Appearance; an appearance made for a defendant; an appearance by counsel. Bell. Less...

An adversary or accuser. Compendia snnt dispendia. Co. Litt. 306. Abbreviations are detriments.

An adversary or accuser. Compendia snnt dispendia. Co. Litt. 306. Abbreviations are detriments. Less...

An abridgment, synopsis, or digest.

An abridgment, synopsis, or digest. Less...

In Spanish law. Compensation; set-off. The extinction of a defyt by another debt of equal dignity.

In Spanish law. Compensation; set-off. The extinction of a defyt by another debt of equal dignity. Less...

Lat. In the civil law. Compensation, or set-off. A proceeding re* sembling a set-off in the common law, being a claim on the part of the defendant to have an amount due to him from the plaintiff deducted from his demand. Dig. 16, 2; Inst 4, 6, 30, 39 ; More...

Lat. In the civil law. Compensation, or set-off. A proceeding re* sembling a set-off in the common law, being a claim on the part of the defendant to have an amount due to him from the plaintiff deducted from his demand. Dig. 16, 2; Inst 4, 6, 30, 39 ; 3 Bl. Comm. 305. —Compensatio eriminis. (Set-off of crime or guilt.) In practice. The plea of recrimination in a suit for a divorce; that is, that the complainant is guilty of the same kind of offense with which the respondent is charged. Less...

Indemnification; payment of damages; making amends; that which la necessary to restore an injured party to his former position. An act which a court orders to be done, or money which a court orders to be paid, by a person whose acts or omissions have caused loss or injury to More...

Indemnification; payment of damages; making amends; that which la necessary to restore an injured party to his former position. An act which a court orders to be done, or money which a court orders to be paid, by a person whose acts or omissions have caused loss or injury to another, in order that thereby the person damnified may receive equal value for his loss, or be made whole in respect of his injury. Railroad Co. v. Denman, 10 Minn. 280 (Gil. 206). Also that equivalent In money which is paid to the owners and occupiers of lands taken or injuriously affected by the operations of companies exercising the power of eminent domain. In the constitutional provision for "just compensation" for property taken under the power of eminent domain, this term means a payment in money. Any benefit to the re-% maining property of the owner, arising from public works for which a part has been taken, cannot be considered as compensation. Railroad Co. v. Burkett, 42 Ala. 83. As compared with consideration and damages compensation, in its most careful use, seems to be between them. Consideration is amends for something given by consent, or by the owner's choice. Damages is amends exacted from a wrong-doer for a tort Compensation is amends for something which was taken without the owner's choice, vet without commission of a tort Thus, one should say, consideration for land sold; compensation for land taken for a railway; damages for a trespass. But such distinctions are not uniform. Land damages is a common expression for compensation for lands taken for public use. Abbott. The word also signifies the remuneration or wages given to an employe or officer. But it is not exactly synonymous with "salary." See People v. Wemple, 115 N. Y. 302, 22 N. E. 272; Com. v. Carter, 55 S. W. 701, 21 Ky. Law Rep. 1509; Crawford County v. Lindsay, 11 111. App. 261; Kilgore v. People, 76 111. 548. In the oivil, Scotch, and French law. Recoupment; set-off. The meeting of two debts due by two parties, where the debtor in the one debt is the creditor in the other; that is to say, where one person is both debtor and creditor to another, and therefore, to the extent of what Is due to him, claims allowance out of the sum that he is due. Bell; 1 Karnes, Eq. 395, 396. Compensation is of three kinds,—legal, or by operation of law; compensation by way of exception; and by reconvention. Stewart v. Harper, 16 La. Ann. 181. —Compensatory damages. See DAMAGES.* Less...