Legal Term Dictionary

Lat In Roman law. The momentary condition in which a fllius, etc., might be when in course of emancipation from the poiestas, and before that emancipation was absolutely complete. The condition was not like the dominica potest as over slaves, but slaves are frequently called "man-cipia** in the non-legal Roman More...

Lat In Roman law. The momentary condition in which a fllius, etc., might be when in course of emancipation from the poiestas, and before that emancipation was absolutely complete. The condition was not like the dominica potest as over slaves, but slaves are frequently called "man-cipia** in the non-legal Roman authors. Brown. Less...

A clerk of the kitchen, or caterer, especially in colleges. Cowell.

A clerk of the kitchen, or caterer, especially in colleges. Cowell. Less...

In Spanish law. An obligation is said to be mancomunal when one person assumes the contract or debt of another, and makes himself liable to pay or fulfill it Schm. Civil Law, 120.

In Spanish law. An obligation is said to be mancomunal when one person assumes the contract or debt of another, and makes himself liable to pay or fulfill it Schm. Civil Law, 120. Less...

In Spanish law. Commission; authority or power of attorney. A contract of good faith, by which one person commits to the gratuitous charge of another his affairs, a>d the latter accepts the charge. White, New Recop. b. 2, tit. 12, c. 1.

In Spanish law. Commission; authority or power of attorney. A contract of good faith, by which one person commits to the gratuitous charge of another his affairs, a>d the latter accepts the charge. White, New Recop. b. 2, tit. 12, c. 1. Less...

Lat. We command. This is the name of a writ (formerly a high prerogative writ) which Issues from a court of superior jurisdiction, and is directed to a private or municipal corporation, or any of Its officers, or to an executive, administrative, or judicial officer, or to an Inferior court, More...

Lat. We command. This is the name of a writ (formerly a high prerogative writ) which Issues from a court of superior jurisdiction, and is directed to a private or municipal corporation, or any of Its officers, or to an executive, administrative, or judicial officer, or to an Inferior court, commanding the performance of a particular act therein specified, and belonging to his or their public, official, or ministerial duty, or directing the restoration of the complainant to rights or privileges of which he has been illegally deprived. See Lahiff v. St. Joseph, etc., Soc., 76 Conn. 648, 57 Atl. 692, 65 L. R. A. 92, 100 Am. St. Rep. 1012; Milster v. Spartanburg, 68 S. C. 243, 47 S. E. 141; State v. Carpenter, 51 Ghio St 83, 37 N. E. 261, 46 Am. St Rep. 556; Chicago & N. W. R. Co. v. Crane, 113 U. S. 424, 5 Sup. Ct 578, 28 L. Ed. 1064; Arnold v. Kennebec County, 93 Me. 117, 44 Ati. 364; Placard v. State, 148 Ind. 306, 47 N. B. 623; Atlanta y. Wright, 110 Ga, 207, 45 S. E. 094; State v. Lewis, 76 Mo. 370; Ex parte Crane, 5 Pet. 190, 8 L. Ed. 92; Marbury v. Madison, 1 Cranch, 158, 2 L. Ed. 60; U. S. v. Butterworth, 169 U. S. 600, 18 Sup. Ct 441, 42 L. Ed. 873. The action of mandamus is one, brought in a court of competent jurisdiction, to obtain an order of such court commanding an inferior tribunal, board, corporation, or person to do or not to do an act the performance or omission of which the law enjoins as a duty resulting from an office, trust, or station. Where discretion is left to the inferior tribunal or person, the mandamus can only compel it to act, but cannot control such discretion. Rev. Code Iowa, 1880, ? 3373. Classification. The writ of mandamus is either peremptory or alternative, according as it requires the defendant absolutely to obey its behest, or gives him an opportunity to show cause to the contrary. It is the usual practice to Issue the alternative writ flrst. This commands the defendant to do the particular act or else to appear and show cause against it at a day named. If he neglects to obey the writ and either makes- default in his appearance or fails to show good cause against the application, the peremptory mandamus issues, which commands him absolutely and without qualification to do the act Less...

Lat In the civil law. The employing party In a contract of mandate. One who gives a thing in charge to another;* one who requires, requests, or employs another to do some act for him. Inst 3, 27, 1, et seq.

Lat In the civil law. The employing party In a contract of mandate. One who gives a thing in charge to another;* one who requires, requests, or employs another to do some act for him. Inst 3, 27, 1, et seq. Less...

In French and Scotch law. The employing party in the contract of man-datum, or mandate. Story, Bailm. {138. Man data lioita recipiunt strictam in-terpretationem, sed illicita latant et ex- tensam. Lawful commands receive a strict interpretation, but unlawful commands a broad and extended one. Bac. Max. reg. 16.

In French and Scotch law. The employing party in the contract of man-datum, or mandate. Story, Bailm. {138. Man data lioita recipiunt strictam in-terpretationem, sed illicita latant et ex- tensam. Lawful commands receive a strict interpretation, but unlawful commands a broad and extended one. Bac. Max. reg. 16. Less...

Fr. In French law. A person employed by another to do some act for him; a mandatary. Mandatarins terminos sibi positos transgredl non potest. A mandatary cannot exceed the limits assigned him. Jenk. Cent 53.

Fr. In French law. A person employed by another to do some act for him; a mandatary. Mandatarins terminos sibi positos transgredl non potest. A mandatary cannot exceed the limits assigned him. Jenk. Cent 53. Less...

He to whom a mandate, charge, or commandment is given; also, he that obtains a benefice by mandamus. Briggs v. Spaulding, 141 U. S. 132, 11 Sup. Ct 924, 35 L. Ed. 662.

He to whom a mandate, charge, or commandment is given; also, he that obtains a benefice by mandamus. Briggs v. Spaulding, 141 U. S. 132, 11 Sup. Ct 924, 35 L. Ed. 662. Less...

In practice. A judicial command or precept proceeding from a court or judicial officer, directing the proper officer to enforce a judgment, sentence, or decree. Seaman v. Clarke, 60 App. Div. 416, 69 N. Y. Supp. 1002; Horton v. State, 63 Neb. 34, 88 N. W. 146. In the practice More...

In practice. A judicial command or precept proceeding from a court or judicial officer, directing the proper officer to enforce a judgment, sentence, or decree. Seaman v. Clarke, 60 App. Div. 416, 69 N. Y. Supp. 1002; Horton v. State, 63 Neb. 34, 88 N. W. 146. In the practice of the supreme court of the United States, the mandate is a precept or order Issued upon the decision of an appeal or writ of error, directing the action to be taken, or disposition to be made of the case, by the inferior court In some of the state jurisdictions, the name "mandate" has been substituted for "mandamus" as the formal title of that writ In contracts. A bailment of property In regard to which the bailee engages to do some' act without reward. Story, Bailm. s 137. A mandate is a contract by which a lawful business is committed to the management of another, and by him undertaken to be performed gratuitously. . The mandatary is bound to the exercise of slight diligence, and is responsible for gross neglect. The fact that the mandator derives no benefit from the acts of the mandatary is not of itself evidence of gross negligence. Richardson v. Futrell, 42 Miss. 525; Williams v. Conger, 125 U. S. 397, 8 Sup. Ct 933, 31 L Ed. 778. A mandate, procuration, or letter of attorney is an act by which one person gives power to another to transact for him and in his name one or several affairs. The mandate may take place in five different manners,-for the interest of the person granting it only; for the joint interest of both parties; for the interest of a third person; for the interest of a third person and that of the party granting it; and, finally, for the interest of the mandatary and a third person. Civ. Code La. arts. 2985, 2986. Mandates and deposits closely resemble each other; the distinction being that in mandates the care and service are the principal, and the custody the accessory, while in deposits the custody is the principal thing, and the care and service are merely accessory. Story, Bailm. s 140. The word may also denote a request or direction. Thus, a check is a mandate by the drawer to his banker to pay the amount to the transferee or holder of the check. 1 Q. B. Div. 33. In the civil law. The instructions which the emperor addressed to a public functionary, and which were rules for his conduct. These mandates resembled those of the proconsuls, the mandata jurisdictio, and were ordinarily binding on the legates or lieutenants of the emperor in the imperial provinces and there they had the authority of thi principal edicts. Sav. Dr. Rom. c 3, | 24 no. 4. Less...