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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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EXCULPATION, LETTERS OF
In Scotch law. A warrant granted at the suit of a prisoner for citing witnesses in his own defense.

In Scotch law. A warrant granted at the suit of a prisoner for citing witnesses in his own defense. Less...
EXCUSABLE
Admitting of excuse or palliation. As used in the law, this word implies that the act or omission spoken of is on its face unlawful, wrong, or liable to entail loss or disadvantage on the person charge- able, but that the circumstances attending it were such as to constitute a More...

Admitting of excuse or palliation. As used in the law, this word implies that the act or omission spoken of is on its face unlawful, wrong, or liable to entail loss or disadvantage on the person charge- able, but that the circumstances attending it were such as to constitute a legal "excuse" for it, that is, a legal reason for withholding or foregoing the punishment liability, or disadvantage which otherwise would follow. -Excusable assault. One committed by accident or misfortune in doing any lawful act by lawful means, with ordinary caution and without any unlawful intent. People v. O'Connor, 82 App. Div. 55, 81 N. Y. Supp. 555.- Excusable homicide. See HOMICIDE.-Excusable neglect. In practice, and particularly with reference to the setting aside of a judgment taken against a party through his "excusable neglect" this means a failure to take the proper steps at the proper time, not in consequence of the party's own carelessness, inattention, or willful disregard of the process of the court, but in consequence of some unexpected or unavoidable hindrance or accident, or reliance on the care and vigilance of his counsel or on promises made by the adverse party. See 1 Bl. Judgm. | 840. Excusat aut eartenuat delictum in eap-italibus quod non operatur idem in civilibus. Bac. Max. r. 15. That may excuse or palliate a wrongful act in capital cases which would not have the same effect in civil injuries. See Broom, Max 324. Less...
EXCUSATIO
In the civil law. An excuse or reason which exempts from some duty or obligation.

In the civil law. An excuse or reason which exempts from some duty or obligation. Less...
EXCUSATOR
In English law. An excuser. In old German law. A defendant; he who utterly denies the plaintiff's claim. Du Cange. Excusatur quis quod elameum non op-posuerit, ut si to to tempore litigii fnit ultra mare quacunque occasione. Co. Litt. 260. He is excused who does not bring his claim, if, More...

In English law. An excuser. In old German law. A defendant; he who utterly denies the plaintiff's claim. Du Cange. Excusatur quis quod elameum non op-posuerit, ut si to to tempore litigii fnit ultra mare quacunque occasione. Co. Litt. 260. He is excused who does not bring his claim, if, during the whole period in which it ought to have been brought, he has been beyond sea for any reason. Less...
EXCUSE
A reason alleged for doing or not doing a thing. Worcester. A matter alleged as a reason for relief or exemption from some duty or obligation.

A reason alleged for doing or not doing a thing. Worcester. A matter alleged as a reason for relief or exemption from some duty or obligation. Less...
EXCUSS
To seize and detain by law.

To seize and detain by law. Less...
EXCUSSIO
In the civil law. A diligent prosecution of a remedy against a debtor; the exhausting of a remedy against a principal debtor, before resorting to his sureties. Translated "discussion," (q. v.) In old English law. Rescue or rescous. Spelman.

In the civil law. A diligent prosecution of a remedy against a debtor; the exhausting of a remedy against a principal debtor, before resorting to his sureties. Translated "discussion," (q. v.) In old English law. Rescue or rescous. Spelman. Less...
EXEAT
A permission which a bishop grants to a priest to go out of his diocese; also leave to go out generally. -No exeat. A writ which forbids the person to whom it is addressed to leave the country, the state, or the jurisdiction of the court; available in some cases More...

A permission which a bishop grants to a priest to go out of his diocese; also leave to go out generally. -No exeat. A writ which forbids the person to whom it is addressed to leave the country, the state, or the jurisdiction of the court; available in some cases to keep a defendant within the reach of the court's process, where the ends of justice would be frustrated if he should escape from the jurisdiction. Less...
EXECUTE
To finish, accomplish, make complete, fulfill. To perform; obey the injunctions of. To make; as to execute a deed, which includes signing, sealing, and delivery. To perform; carry out according to its terms; as to execute a contract. To fulfill the purpose of; to obey; to perform the commands of; More...

To finish, accomplish, make complete, fulfill. To perform; obey the injunctions of. To make; as to execute a deed, which includes signing, sealing, and delivery. To perform; carry out according to its terms; as to execute a contract. To fulfill the purpose of; to obey; to perform the commands of; as to execute a writ A statute is said to execute a use where it transmutes the equitable interest of the cestui que use into a legal estate of the same nature, and makes him tenant of the land accordingly, in lieu of the feoffee to uses or trustee, whose estate, on the other hand, is at the same moment annihilated. 1 Steph. Comm. 389. Less...
EXECUTED
Completed; carried into full effect; already done or performed; taking effect immediately; now in existence or in possession; conveying an immediate right or possession. The opposite of executory. --Executed consideration. A consideration which is wholly past. 1 Pars. Cont 391. An act done or value given before the making of More...

Completed; carried into full effect; already done or performed; taking effect immediately; now in existence or in possession; conveying an immediate right or possession. The opposite of executory. --Executed consideration. A consideration which is wholly past. 1 Pars. Cont 391. An act done or value given before the making of the agreement.-Executed contract. See CONTRACT.-Executed estate. See ESTATE.- Executed fine. The fine sur cognizance de droit, come ceo que il ad de son done; or a fine upon acknowledgment of the right of the cognizee, as that which he has of the gift of the cognizor. Abolished by 3 A 4 Wm. IV. c. 74. -Executed remainder. See REMAINDER.- Executed sale. One completed by delivery of the property; one where nothing remains to be done by either party to effect a complete transfer of the subject-matter of the sale. Fogel v. Brubaker, 122 Pa. 7, 15 Atl. 692; Smith v. Barron County, 44 Wis. 691; Foley v. Felrath, 98 Ala. 176, 13 South. 485, 39 Am. St. Rep. 39. -Executed trust. See TRUST.-Executed use. See USE.-Executed writ. In practice. A writ carried into effect by the officer to whom it is directed. The term "executed," applied, to a writ, has been held to mean "used." Amb. 61. Less...

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