Legal Term Dictionary

Commenced; inchoate. Curtesy initiate Is the interest which a hues band has in the wife's lands after a child is born who may inherit but before the wife dies.

Commenced; inchoate. Curtesy initiate Is the interest which a hues band has in the wife's lands after a child is born who may inherit but before the wife dies. Less...

In French law. The name given to the important prerogative conferred by the charte constitutionnelle, article 16, on the late king to propose through his ministers projects of laws. 1 Toullier, no. 39.

In French law. The name given to the important prerogative conferred by the charte constitutionnelle, article 16, on the late king to propose through his ministers projects of laws. 1 Toullier, no. 39. Less...

A prohibitive writ issued by a court of equity, at. the suit of a party complainant, directed to a party defendant in the action, or to a party made a defendant for that purpose, forbidding the latter to do some act, or to permit his servants or agents to do More...

A prohibitive writ issued by a court of equity, at. the suit of a party complainant, directed to a party defendant in the action, or to a party made a defendant for that purpose, forbidding the latter to do some act, or to permit his servants or agents to do some act, which he is threatening or attempting to commit, or restraining him in the continuance thereof, such act being unjust and Inequitable, injurious to the plaintiff, and not such as can be adequately redressed by an action at law. U. S. v. Haggerty (C. C.) 116 Fed. 515; Du-pre v. Anderson, 45 La. Ann. 1134, 13 South. 743; City of Alma v. Loehr, 42 Kan, 368, 22 . Pac. 424. An injunction is a writ or order requiring a person' to refrain from a particular act It may be granted by the court in which the action Is brought, or by a judge thereof, and when made by a judge it may be enforced as an order of the court. Code Civ. Proc. Cal. ? 525. -Final injnnetion. A final injunction is one granted when the rights of the parties are determined; it may be made mandatory, (commanding acts to be done,) and is distinguished from a preliminary injunction, which is confined to the purpose and office of simple prevention or restraining. Southern Pac. R. Co. v. Oakland (C. C.) 58 Fed. 54.-Mandatory injunction. One which (1) commands the defendant to do some positive act or particular thing; (2) prohibits him from refusing (or persisting in a refusal) to do or permit some act to which the plaintiff has a legal right; or (3) restrains the defendant from permitting his previous wrongful act to continue operative, thus virtually compelling him to undo .it, as by removing obstructions or erections, and restoring the plaintiff or the place or the subject-matter to the former condition. Bailey v. Schnitzius, 45 N. J. Eq. 178, 16 Ati. 680; Parsons v. Marye (C. C.) 23 Fed. 121; People v. McKane, 78 Hun, 154, 28 N. Y. Supp. 081; Procter v. Stuart. 4 Okl. 679. 46 Pac. 501. -Permanent injunction. One intended to remain in force until the final termination of the particular suit. Riggins v. Thompson, 96 Tex. 154, 71 S. W. 14.-Perpetual injunction. Opposed to an injunction ad interim; an injunction which finally disposes of the suit, and is indefinite in point of time. Rig-gins v. Thompson, 96 Tex. 154, 71 S. W. 14; De Florez v. Raynolds, (C. C) 8 Fed. 438.- Preliminary injunction. An injunction granted at the institution of a suit, to restrain the defendant from doing or continuing some act, the right to which is in dispute, and which may either be discharged or made perpetual, according to the result of the controversy, as soon as the rights of the parties are determined. Darlington Oil Co. v. Pee Dee Oil Co., 62 S. C. 196, 40 S. E. 169; Appeal of Mammoth Vein Con sol. Coal Co., 54 Pa. 188; Allison v. Corson. 88 Fed. 584, 32 C. C. A. 12: Jesse French Piano Co. v. Forbes, 134 Ala. 302, 32 South. 678. 92 Am. St. Rep. 31. -Preventive injunetion. One which prohibits the defendant from doing a particular act or commands him to refrain from it.-Provisional injunetion. Another name for a pre* liminary or temporary injunction or an injunction pendente lite.-Special injunction. An injunction obtained only on motion and petition, usually with notice to the other party. Aldrich v. Kirkland. 6 Rich. Law (S. C.) 340. An injunction by which parties are restrained from committing waste, damage, or injury to property. 4 Steph. Comm. 12, note *.-Temporary injunction. A preliminary or provisional injunction, or one granted pendente lite; as opposed to a final or perpetual injunction. Jesse French Piano Co. v. Porter, 134 Ala. 302, 32 South. 678, 92 Am. St Rep. 31. Less...

Fr. In French law. Grievous insults or injuries, including personal insults and reproachful language, constituting a Just cause of divorce. Butler v. Butler, 1 Pars. Eq. Cas.' (Pa.) 344.

Fr. In French law. Grievous insults or injuries, including personal insults and reproachful language, constituting a Just cause of divorce. Butler v. Butler, 1 Pars. Eq. Cas.' (Pa.) 344. Less...

Lat. Injury; wrong; the privation or violation of right. 3 Bl. Comm. 2. -Injuria absque damno. Injury or wrong without damage. A wrong done, but from which no loss or damage results, and which, therefore, will not sustain 'an action. Injuria nt ei eni eonviclum dictum est, vel de eo More...

Lat. Injury; wrong; the privation or violation of right. 3 Bl. Comm. 2. -Injuria absque damno. Injury or wrong without damage. A wrong done, but from which no loss or damage results, and which, therefore, will not sustain 'an action. Injuria nt ei eni eonviclum dictum est, vel de eo faotnm carmen famosnm. An injury Is done to him of. whom a reproachful thing is said, or concerning whom an infamous song is made. 9 Coke, 60. Injuria illata judiei, sen locum tenant! reals, videtur ip"i regi Ulata maac-ime si flat in exereentem officium. 3 Inst . L An injury offered to a Judge, or person o representing the king, is considered as offered to the king himself, especially if it be done in the exercise of his office. Injuria non exousat injuriam. One wrong does not justify another. Broom, Max. 395. See 6 El. A Bl. 47. . Injuria non prsesnmitnr. Injury is not presumed. Co. Litt. 232. Cruel, oppressive, or tortuous conduct will not be presumed. Best Ev. p. 336, ? 298. Injuria propria non cadet in benefl-dum facientis. One's own wrong shall not fall to the advantage of him that does it A man will not be allowed to derive benefit from his own wrongful act' Branch, Princ Injuria servi doniinum pertingit. The master is liable for injury done by his servant Lofft, 229. Less...

In Louisiana. Slander, or libelous words.' Civil Code La* art 3501.

In Louisiana. Slander, or libelous words.' Civil Code La* art 3501. Less...

Any wrong or damage done to another, either in his person, rights, reputation, or property. Parker v. Griswold, 17 Conn. 298, 42 Am. Dec. 739; Woodruff v. Mining Co., 18 Fed. 781; Hitch v. Edgecombe County, 132 N. a 573, 44 S. E. 30; Macauley v. Tierney, 19 R. I. More...

Any wrong or damage done to another, either in his person, rights, reputation, or property. Parker v. Griswold, 17 Conn. 298, 42 Am. Dec. 739; Woodruff v. Mining Co., 18 Fed. 781; Hitch v. Edgecombe County, 132 N. a 573, 44 S. E. 30; Macauley v. Tierney, 19 R. I. 255, 83 AtL 1, "37 L. R. A. 455, 61 Am. St Rep. 770." In the civil law. A delict committed in contempt or outrage of any one, whereby his body, his dignity, or his reputation is maliciously injured. Voet, Com. ad Pand. 47, t 10, no. 1. -Civil injury. Injuries to person or property, resulting from a breach of contract, delict or criminal offense, which may be redressed by means of a civil action. Cullman v. Burk-hard, 41 Misc. Rep. 321, 84 N. Y. Supp. 825. -Irreparable injury. This phrase does not* mean such an injury as is beyond the possibility of repair, or beyond possible compensation in damages, or necessarily great damage, but includes an injury, whether great or small,' which ought not to be submitted to, on the one hand, or inflicted, on the other; and which, because it is so large or so small, or is of such constant and frequent occurrence, cannot receive reasonable redress in a court of law. Sanderlin v. Baxter, 76 Va. 806, 44 Am. Rep. 165; Farley v. Gate City Gaslight Co., 105 Ga. 823. 31 S. E. 193: Wahle v. Rein-bach. 76 111. 322; Camp v. Dixon, 112 Ga. 872. "38 S. E. 71. 52 L. R. A. 755. Wrongs of a repeated and continuing character, or which occasion damages that are estimated onlv by conjecture, and not by any accurate standard, are included. Johnson v. Kier. 3 Pittsb. R. (Pa.) 204.-Personal injury. A hurt or damage done to a man's person, such as a cut or bruise, a broken limb, or the like, as distinguished from an injnry to his property or his reputation. The phrase is chiefly used in connection with actions of tort for negligence, Norris v. Grove, 100 Mich. 256. 58 N. W. 1006; State v. Clayborne, 14 Wash. 622. 45 Pac. 308; Terre Haute El. Rv. Co. v. Lauer, 21 Ind. App. 466, 52 N. E. 703. But the term is also used (chiefly in statutes) in a much wider sense, and as including any injury which is an invasion of personal rights, and in this signification it may include such injuries as libel os slander, criminal conversation with a wife, seduction of a daughter, and mental suffering. See Delamater v. Russell, 4 How, Prac (N." Y.) 234; Garrison v. Burden, 40 Ala. 516; McDonaid v. Brown, 23 R. I. 546, 51 Atl. 213. 58 L. R. A. 768, 91 Am. St. Rep. 659; Morton v. Western Union Tel. Co., 130 N. C. 299, 41 S. K 484; Williams v. Williams, 20 Colo. 51, 37 Pac. 614; Hood v. Sudderth, 111 N. C. 215, 16 S. E. 397. Less...

The withholding or denial of justice. In law, almost invariably applied to the act, fault, or omission of a court, as distinguished from that of an individual. See Holton v. Olcott. 58 N. H. 598; In re Moulton, 50 N. H. 532. "Fraud" is deception practised by the party; "injustice" More...

The withholding or denial of justice. In law, almost invariably applied to the act, fault, or omission of a court, as distinguished from that of an individual. See Holton v. Olcott. 58 N. H. 598; In re Moulton, 50 N. H. 532. "Fraud" is deception practised by the party; "injustice" is the fault or error of the court. They are not equivalent words in substance, or. in a statute authorizing a new trial on a showing of fraud or injustice. Fraud is always the result of contrivance and deception; injustice may be done by the negligence, mistake, or omission of the court itself. Silvey v. U. S., 7 Ct CI. 324. Injnstum est, nisi tota lose inspeeta, da una aliqna ejns partionla proposita jndlcare vel respondere. 8 Coke, 117b. It is unjust to decide or respond as to any particular part of a law without examining the whole of the law. Less...

In old English law. To restore to protection of law. To restore a man from the condition of outlawry. Opposed to utlagare. Bract, lib. 3, tr. 2, c. 14, I 1; Du Cange.

In old English law. To restore to protection of law. To restore a man from the condition of outlawry. Opposed to utlagare. Bract, lib. 3, tr. 2, c. 14, I 1; Du Cange. Less...

Restoration to the protection of law. Restoration from a condition of outlawry.

Restoration to the protection of law. Restoration from a condition of outlawry. Less...