Legal Term Dictionary

The mass-book.

The mass-book. Less...

In Roman law. Gifts or liberalities, which the praetors and consuls were in the habit of throwing among the people. Inst. 2, 1, 45.

In Roman law. Gifts or liberalities, which the praetors and consuls were in the habit of throwing among the people. Inst. 2, 1, 45. Less...

In maritime law. A vessel is so called when, computed from her known day of sailing, the time that has elapsed exceeds the average duration of similar voyages at the same season of the year. 2 Duer, Ins. 469.

In maritime law. A vessel is so called when, computed from her known day of sailing, the time that has elapsed exceeds the average duration of similar voyages at the same season of the year. 2 Duer, Ins. 469. Less...

Lat. In the civil law. A sending or putting. Missio in bona, a putting the creditor In possession of the debtor's property. Mackeld. Rom. Law, s 521. Missio judicum in consilium, a sending out of the judiees (or Jury) to make up their sentence. Hallifax, Civil Law, b. 3, c. More...

Lat. In the civil law. A sending or putting. Missio in bona, a putting the creditor In possession of the debtor's property. Mackeld. Rom. Law, s 521. Missio judicum in consilium, a sending out of the judiees (or Jury) to make up their sentence. Hallifax, Civil Law, b. 3, c. 13, no. 31. Less...

In Scotch law. Writings passed between parties as evidence of a transaction. Bell.

In Scotch law. Writings passed between parties as evidence of a transaction. Bell. Less...

In old records. A messenger.

In old records. A messenger. Less...

Some unintentional act, omission, or error arising from ignorance, surprise, Imposition, or misplaced confidence. Code Ga. s 3117; 1 Story, Eq. Jur. s 110. That result of ignorance of law or fact which has misled a person to commit that which, if he had not been in error, he would More...

Some unintentional act, omission, or error arising from ignorance, surprise, Imposition, or misplaced confidence. Code Ga. s 3117; 1 Story, Eq. Jur. s 110. That result of ignorance of law or fact which has misled a person to commit that which, if he had not been in error, he would not have done. Jeremy, Eq. Jur. 358. A mistake exists when a person, under some erroneous conviction of law or fact does, or omits to do, some act which, but for the erroneous conviction, he would not have done or omitted. It may arise either from unconsciousness, ignorance, forgetfulness, imposition, or misplaced confidence. Blsph. Eq. 1185. And see Allen v. Elder, 76 Ga. 677, 2 Am. St Rep. 63; Russell v. Cojyar, 4 Heisk. (Tenn.) 154; Peasley v. McFadden, 68 Cal. 611, 10 Pac. 179; Cummins v. Bulgin, 37 N. J. Eq. 476; Chicago, etc., R. Co. v. Hay, 119 111. 493, 10 N. E. 29; McLoney v. Edgar, 7 Pa. Co. Ct R. 29. Mistake of fact is a mistake not caused by the neglect of a legal duty on the part of the person making the mistake, and consisting in (1) an unconscious ignorance or forgetfulness of a fact, past or present, material to the contract; or (2) belief in the present existence of a thing material to the contract which does not exist, or in the past existence of such a thing which has not existed. Civ. Code Cal. s 1577. A mistake of law happens when a party, having full knowledge of the facts, comes to an erroneous conclusion as to their legal effect. It is a mistaken opinion or inference, arising from an imperfect or incorrect exercise of the judgment upon facts as they really are; and, like a correct opinion, which is law, necessarily presupposes that the person forming it is in full possession of them. The facts precede the law, and the true and false opinion alike imply an acquaintance with them. Neither can exist without it. The one is the result of a correct application to them of legal principles, which every man is presumed to know, and is called "law;" the other, the result of a faulty application, and is called a "mistake of law." Hurd v. Hall, 12 Wis. 124. Mutual mistake is where the parties have a common intention, but it is induced by a common or mutual mistake. Less...

A trade or calling. Cowell.

A trade or calling. Cowell. Less...

The proper style of the wife of an esquire or a gentleman in England.

The proper style of the wife of an esquire or a gentleman in England. Less...

An erroneous, Invalid, or nugatory trial; a trial of an action which cannot stand in law because of want of jurisdiction, or a wrong drawing of jurors, or disregard of some other fundamental requisite.

An erroneous, Invalid, or nugatory trial; a trial of an action which cannot stand in law because of want of jurisdiction, or a wrong drawing of jurors, or disregard of some other fundamental requisite. Less...