Legal Term Dictionary

Variation; changing; making different. See ALTER. An alteration is an act done upon the instrument by which its meaning or language is changed. If what is written upon or erased from the instrument has no tendency to produce this result, or to mislead any person, it is not an alteration. More...

Variation; changing; making different. See ALTER. An alteration is an act done upon the instrument by which its meaning or language is changed. If what is written upon or erased from the instrument has no tendency to produce this result, or to mislead any person, it is not an alteration. Oliver v. Hawley, 5 Neb. 444. An alteration is said to be material when it affects, or may possibly affect, the rights of the persons interested in the document. Synonyms. An act done upon a written instrument, which, without destroying the identity of the document, introduces some change into its terms, meaning, language, or details is an alteration. This may be done either by the mutual agreement of the parties concerned, or by a person interested under the writing without the consent, or without the knowledge, of the others. In either case it is properly denominated an alteration; but if performed by a mere stranger, it is more technically described as a spoliation or mutilation. Cochran v. Nebeker, 48 Ind. 462. The term is not properly applied to any change which involves the substitution of a practically new document. And it should in strictness be reserved for the designation of changes in form or language, and not used with reference to modifications in matters of substance. The term is also to be distinguished from "defacement," which conveys the idea of an obliteration or destruction of marks, signs, or characters already existing. An addition which does not change or interfere with the existing marks or signs, but gives a different tenor or significance to the whole, may be an alteration, but is not a defacement. Linney v. State, 6 Tex. 1, 55 Am. Dec. 756. Again, in the law of wills, there is a difference between revocation and alteration. If what is done simply takes away what was given before, or a part of it, it is a revocation; but if it gives something in addition or in substitution, then it is an alteration. Appeal of Miles, 68 Conn. 237, 36 Atl. 39, 36 t R. A. 176. Alterius circnmventio alii non praebet actionem. The deceiving of one person does not afford an action to another. Dig. 50, 17, 49. Less...

A usage among diplomatists by which the rank and places of different powers, who have the same right and pretensions to precedence, are changed from time to time, either in a certain regular order or one determined by lot. In drawing up treaties and conventions, for example, it is the More...

A usage among diplomatists by which the rank and places of different powers, who have the same right and pretensions to precedence, are changed from time to time, either in a certain regular order or one determined by lot. In drawing up treaties and conventions, for example, it is the usage of certain powers to alternate, both in the preamble and the signatures, so that each power occupies, in the copy intended to be delivered to it, the first place. Wheat Int Law, S 157. Less...

L. Lat. Interchangeably. Litt. s 371; Townsh; PI. 37. Alternative petitio non est andionda. An alternative petition or demand is not to be heard. 5 Coke, 40.

L. Lat. Interchangeably. Litt. s 371; Townsh; PI. 37. Alternative petitio non est andionda. An alternative petition or demand is not to be heard. 5 Coke, 40. Less...

One or the other of two things; giving an option or choice; allowing a choice between two or more things or acts to be done. —Alternative contract. A contract whose terms allow of performance by the doing of either one of several acts at the election of the party from More...

One or the other of two things; giving an option or choice; allowing a choice between two or more things or acts to be done. —Alternative contract. A contract whose terms allow of performance by the doing of either one of several acts at the election of the party from whom performance is due. Crane v. Peer. 43 N. J. Eq. 553, 4 Atl. 72.—Alternative obligation. An obligation allowing the obligor to choose which of two things he will do, the performance of either of which will satisfy the instrument. Where the things which form the object of the contract are separated by a disjunctive, then the obligation is alternative. A promise to deliver a certain thing or to pay a specified sum of money, is an example of this kind of obligation. Civil Code La, art. 2066.—Alternative remedy. Where a new remedy is created in addition to an existing one, they are called "alternative" if only one can be enforced; but if both, "cumulative."— Alternative writ. A writ commanding the person against whom it is issued to do a specified thing, or show cause to the court why he should not be compelled to do it. Ailee v. McCoy, 2 Marv. (Del.) 465, 36 Atl. 359. Less...

L. Lat. By alternate turns; at alternate times; alternately. Co. Litt 4a; Shep. Touch. 206.

L. Lat. By alternate turns; at alternate times; alternately. Co. Litt 4a; Shep. Touch. 206. Less...

Not to injure another. This maxim, and two others, honeste vivere, and suum cuique tribuere, (q. v.,) are considered by Justinian as fundamental principles upon which all the rules of law are based. Inst 1, 1, 3.

Not to injure another. This maxim, and two others, honeste vivere, and suum cuique tribuere, (q. v.,) are considered by Justinian as fundamental principles upon which all the rules of law are based. Inst 1, 1, 3. Less...

In the civil law. A servitude due by the owner of a house, by which he is restrained from building beyond a certain height Dig. 8, 2, 4; Sandars, Just Inst 119.

In the civil law. A servitude due by the owner of a house, by which he is restrained from building beyond a certain height Dig. 8, 2, 4; Sandars, Just Inst 119. Less...

In the civil law. A servitude which consists in the right, to aim who is entitled to it, to build his house as high as he may think proper. In general, however, every one enjoys this privilege, unless he is restrained by some contrary title. Sandars, Just. Inst 119.

In the civil law. A servitude which consists in the right, to aim who is entitled to it, to build his house as high as he may think proper. In general, however, every one enjoys this privilege, unless he is restrained by some contrary title. Sandars, Just. Inst 119. Less...

High and low. This phrase is applied to an agreement made between two contending parties to submit all matters in dispute, alto et basso, to arbitration. CowelL

High and low. This phrase is applied to an agreement made between two contending parties to submit all matters in dispute, alto et basso, to arbitration. CowelL Less...

L. Lat. In old English law. The high sea, or seas. Co. Litt 260b. The deep sea. Super alt urn mare, on the high seas. Hob. 212b.

L. Lat. In old English law. The high sea, or seas. Co. Litt 260b. The deep sea. Super alt urn mare, on the high seas. Hob. 212b. Less...