Legal Term Dictionary

The free and voluntary act of a party himself, done without the suggestion or influence of another person, is said to be done of his mere motion, ea mero motu, (g. v.) Brown. The phrase Is used of an interference of the courts of law, who will, under some circumstances, More...

The free and voluntary act of a party himself, done without the suggestion or influence of another person, is said to be done of his mere motion, ea mero motu, (g. v.) Brown. The phrase Is used of an interference of the courts of law, who will, under some circumstances, of their own motion, object to an irregularity in the proceedings, though no objection has been taken to the informality by the plaintiff or defendant in the suit. 3 Chit. Gen. Pr. 430. Less...

The mere right of property in land; the jus proprietatis, without either possession or even the right of possession. 2 Bl. Comm. 197. The abstract right of property.

The mere right of property in land; the jus proprietatis, without either possession or even the right of possession. 2 Bl. Comm. 197. The abstract right of property. Less...

In old English law. A stone for bounding or dividing lands. Yearb. P. 18 Hen. VI. 5.

In old English law. A stone for bounding or dividing lands. Yearb. P. 18 Hen. VI. 5. Less...

In old records. Timber. Cowell.

In old records. Timber. Cowell. Less...

Of tbe nature of unlawful sexual connection. The term is descriptive of the relation sustained oy persons who contract a marriage that is void by reason of legal incapacity. 1 Bl. Comm. 436.

Of tbe nature of unlawful sexual connection. The term is descriptive of the relation sustained oy persons who contract a marriage that is void by reason of legal incapacity. 1 Bl. Comm. 436. Less...

The fusion or absorption of one thing or right into another; generally spoken of a case where one of the subjects is of less dignity or importance than the other. Here the less important ceases to have an Independent existence. In real-property law. It is a general principle of law More...

The fusion or absorption of one thing or right into another; generally spoken of a case where one of the subjects is of less dignity or importance than the other. Here the less important ceases to have an Independent existence. In real-property law. It is a general principle of law that where a greater estate and a less coincide and meet in one and the same person, without any Intermediate estate, the less is immediately annihilated, , or, in the law phrase, is said to be merged, that is, sunk or drowned, in the greater. Thus, if there be tenant for years, and the reversion in fee-simple descends to or Is purchased by him, the term of years Is merged in the inheritance, and shall never exist any more. 2 Bl. Comm. 177; 1 Steph. Comm. 293 ; 4 Kent, Comm. 99. James v. Morey, 2 Cow. (N. Y.) 300, 14 Am. Dec. 476; Duncan v. Smith, 31 N. J. Law, 327. Of rights. This term, as applied to rights, is equivalent to "confusio" in the Roman law, and indicates that where the qualities of debtor and creditor become united in the same individual, there arises a confusion of rights which extinguishes both qualities; whence, also, merger is often called "extinguishment." Brown. Rights of action. In the law relating to rights of action, when a person takes or acquires a remedy or security of a higher nature, in legal estimation, than the one which he already possesses for the same right, then his remedies in respect of the minor right or security merge in those attaching to the higher one. Leake, Cont. 506; 10 O. B. 561. As where a claim is merged in the Judgment recovered upon it. In criminal law. When a man commits a great crime which Includes a lesser, or commits a felony which includes a tort against a private person, the latter is merged in the former. 1 East, P. C. 411. Of corporations. A merger of corporations consist in the uniting of two or more corporations by the transfer of property of all to one of them, which continues in existence, the others being swallowed up or merged therein. In regard to the survivorship of one of the constituent corporations. It differs from a "consolidation," wherein all the consolidating companies surrender their separate existence and become parts of a new corporation. Adams v. Yazoo & M. V. R. Co., 77 Miss. 194, 24 South. 200, 60 L. R. A. 33; Vicksburg A Y. C. Tel. Co. v. Citizens' Tel. Co., 79 Miss. 341, 30 South. 725, 89 Am. St. Rep. 656. Less...

In old English law. Noon. Fleta, lib. 5, c. 5, | 81.

In old English law. Noon. Fleta, lib. 5, c. 5, | 81. Less...

Possessing or characterized by "merit" in the legal sense of the word. See MERITS. -Meritorious cause of action. This description is sometimes applied to a person with whom the ground of action, or the consideration, originated or from whom it moved. For exam- pie, where a canse of action accrues More...

Possessing or characterized by "merit" in the legal sense of the word. See MERITS. -Meritorious cause of action. This description is sometimes applied to a person with whom the ground of action, or the consideration, originated or from whom it moved. For exam- pie, where a canse of action accrues to a woman while sole, and is sued for, after her marriage, by her husband and herself jointly, she is called the "meritorious cause of action."- Meritorious consideration. One founded upon some moral obligation; a valuable consideration in the second degree.-Meritorious defense. See DEFENSE. Less...

In practice. Matter of substance in law, as distinguished from matter of mere form; a substantial ground of defense in law. A defendant is said "to swear to merits" or "to make affidavit of merits" when he makes affidavit that he has a good and sufficient or substantial defense to More...

In practice. Matter of substance in law, as distinguished from matter of mere form; a substantial ground of defense in law. A defendant is said "to swear to merits" or "to make affidavit of merits" when he makes affidavit that he has a good and sufficient or substantial defense to the action on the merits. 3 Chit Gen. Pr. 543, 544. "Merits," in this application of it, has the technical sense of merits in law, and is not confined to a strictly moral and conscientious defense. Id. 545; 1 Burrill, Pr. 214; Rahn v. Gunnison, 12 Wis. 529; Bolton v. Dona van, 9 N. D. 575, 84 N. W. 357; Ordway v. Boston A M. R. Co., 69 N. H. 429, 45 Atl. 243; Blakely v. Frasier, 11 S. C 134; Rogers v. Rogers, 37 W. Va. 407, 16 S. E. 633; Oatman v. Bond, 15 Wis. 26. As used in the New York Code of Procedure, f 349, it has been held to mean "the strict legal rights of the parties, as contradistinguished from those mere questions of practice which every court regulates for itself, and from all matters which depend upon the discretion or order of the court" St Johns v. West, 4 How. Prac. (N. Y.) 332. A "defense upon the merits" is one which depends upon the inherent justice of tbe defendant's contention, as shown by the substantial tacts of the case, as distinguished from one which rests upon technical objections or some collateral matter. Thus there may be a good defense growing out of an error in the plaintiffs pleadings, but there is not a defense upon the merits unless the real nature of the transaction in controversy shows the defendant to be in the right. Less...

See Ex MEBO MOTU; MEBE MOTION.

See Ex MEBO MOTU; MEBE MOTION. Less...