Legal Term Dictionary

A species of traverse which occurs in actions of debt on simple contract, and Is resorted to when the defendant means to deny in point of fact the existence of any express contract to the effect alleged in the declaration, or to deny the matters of fact from which such More...

A species of traverse which occurs in actions of debt on simple contract, and Is resorted to when the defendant means to deny in point of fact the existence of any express contract to the effect alleged in the declaration, or to deny the matters of fact from which such contract would by law be implied. Steph. PI. 153, 156; Wharton. Less...

As an element In numerous compound terms and phrases of the law, this word may denote novelty, or the condition of being previously unknown or of recent or fresh origin, but ordinarily it is a purely relative term and is employed in contrasting the date, origin, or character of one More...

As an element In numerous compound terms and phrases of the law, this word may denote novelty, or the condition of being previously unknown or of recent or fresh origin, but ordinarily it is a purely relative term and is employed in contrasting the date, origin, or character of one thing with the corresponding attributes of another thing of the same kind or class. -New and useful. The phrase used in the patent laws to describe the two qualities of an invention or discovery which are essential to make it patentable, viz., novelty, or the condition of having been previously unknown, and practical utility. See In re Gould. 1 MacAr-thur (D. C.) 410; Adams v. Turner, 73 Conn. 38. 46 Atl. 247; Lowell v. Lewis, 1 Mason, 182. Fed. Cas. No. 8,568.-New assets. In the law governing the administration of estates, this term denotes assets coming into the hands of an executor or administrator after the expiration of the time when, by statute, claims against the estate are barred so far as regards recourse against the assets with which he was originally charged. See Littlefield v. Eaton, 74 Me. 521; Chenery v. Webster. 8 Allen (Mass.) 77; Robinson v. Hodge, 117 Mass. 222; Veasie v. Marrett, 6 Allen (Mass.) 372. -New assignment. Under the common-law practice, where the declaration' in an action is ambiguous, and the defendant pleads facts which are literally an answer to it, but not to the real claim set up by the plaintiff, the plaintiffs course is to reply by way of new assignment; f. e., allege that he brought his action not for the 'cause supposed by the defendant, but for some other cause to which the plea has no application. 3 Steph. Comm. 507; Sweet See Bishop v. Travis, 51 Minn. 183, 53 N. W. 461. -New cause of action. With reference to the amendment of pleadings, this term may refer to a new state of facts out of which liability is claimed to arise, or it may refer to parties who are alleged to be entitled under the same state of facts, or it may embrace both features. Love v. Southern R. Co., 108 Tenn. 104, 65 S. W. 475, 55 L. R. A. 471. See Nelson v. First Nat. Bank, 139 Ala. 578, 36 South. 707, 101 Am. St. Rep. 52.-New for old. In making an adjustment of a partial loss under a policy of marine insurance, the rule is to apply the old materials towards the payment of tne new, by deducting the value of them from the gross amount of the expenses for repairs, and to allow the deduction of one-third new for old upon the balance. 3 Kent, Comm. 339.-New Inn. An inn of chancery. See INNS OF CHANCERY.- New matter. In pleading. Matter of fact not previously alleged by either party in the pleadings.-New promise. See PROMISE.-New style. The modern system of computing time was introduced into Great Britain A. D., 1752. the 3d of September of that year being reckoned as the 14th.-New trial. See TRIAL.-New works. In the civil law. By a new work is understood every sort of edifice or other work which is newly commenced on any ground whatever. When the ancient form of work is changed, either by an addition being made to it or by some part of the ancient work being taken away, it is styled also a "new work." Civ. Code La. art. 856.-NewTear's Day. The first dav of January. The 25th of March was the civil and legal New Year'B Day, till the alteration of the style in 1752, when it was permanently fixed at the 1st of January. In Scotland the year was, by a proclamation, which bears date 27th of November, 1599, ordered thenceforth to commence in that kingdom on the 1st of January instead of the 25th of March. Enc. Lond. Less...

The name of a prison In London, said to have existed as early as 1207. It was three times destroyed and rebuilt For centuries the condition of the place was horrible, but it has been greatly Improved since 1808. Since 1815, debtors have not been committed to this prison.

The name of a prison In London, said to have existed as early as 1207. It was three times destroyed and rebuilt For centuries the condition of the place was horrible, but it has been greatly Improved since 1808. Since 1815, debtors have not been committed to this prison. Less...

See EVIDENCE.

See EVIDENCE. Less...

According to the usage of the commercial world, a newspaper is defined to be a publication in numbers, conisistlng commonly of single sheets, and published at short and stated intervals, conveying intelligence of passing events. 4 Op. Attys. Gen. 10. And see Crowell v. Parker, 22 R.* I. 51, 46 More...

According to the usage of the commercial world, a newspaper is defined to be a publication in numbers, conisistlng commonly of single sheets, and published at short and stated intervals, conveying intelligence of passing events. 4 Op. Attys. Gen. 10. And see Crowell v. Parker, 22 R.* I. 51, 46 Atl. 35, 84 Am. St. Rep. 8ltf; Hanscom v. Meyer, 60 Neb. 68, 82 N. W. 114, 48 L. R. A. 409, 83 Am. St Rep. 507; Williams v. Colwell, 18 Misc. Rep. 399, 43 N. Y. Supp. 720; Kellogg v. Carrico, 47 Mo. 157; Kerr v. Hitt, 75 111. 51. -Official newspaper. One designated by a state or municipal legislative body, or agents empowered by them, |n which the public acts, resolves, advertisements, and notices are required to be published. Albany County v. Chaplin, 5 Wyo. 74, 37 Pac. 370. Less...

Lat In Roman law. Bound; bound persons. A term applied to such insolvent debtors as were delivered up to their creditors, by whom they might he held in bondage until their debts were discharged. Calvin.; Adams,.Rom. Ant 40.

Lat In Roman law. Bound; bound persons. A term applied to such insolvent debtors as were delivered up to their creditors, by whom they might he held in bondage until their debts were discharged. Calvin.; Adams,.Rom. Ant 40. Less...

Nearest; closest; immediately following. See Green v. MoLaren, 7 Ga. 107; State v. Asbell, 57 Kan. 398, 46 Pac. 770; German Security Bank v. McGarry, 106 Ala. 633, 17 South. 704. -Next devisee. By the term 44first devisee" is ounderstood tbe person to whom the estate is first given by More...

Nearest; closest; immediately following. See Green v. MoLaren, 7 Ga. 107; State v. Asbell, 57 Kan. 398, 46 Pac. 770; German Security Bank v. McGarry, 106 Ala. 633, 17 South. 704. -Next devisee. By the term 44first devisee" is ounderstood tbe person to whom the estate is first given by the will, while the term "next devisee" refers to the person to whom the remainder is given. Young v. Robinson, 5 N. J. Law, 689.-Next friend. Tbe legal designation of the person by whom an infant or other person disabled from suing in his own name brings and prosecutes an action either at law or in equity; usually a relative. Strictly speaking, a next friend (or "prochein amy") is not appointed by the court to bring or maintain the suit, but is simply one who volunteers for that purpose, and is merely admitted or permitted to sue in behalf of the infant; but the practice of suing by a next friend has now been almost entirely superseded by the practice of appointing S guardian ad litem. See McKinney v. Jones, 55 Wis. 39. 11 N. W. 606; Guild v. Cranston, 8 Cush. (Mass.) 506; Tucker v. Dabbs, 12 Heisk. (Tenn.) 18; Leopold v. Meyer, 10 Abb. Prac (N. Y.) 40.-Next of kin. In the law of descent and distribution. This term properly denotes the persons nearest of kindred to the decedent, that is. those who are most nearly related to him by blood; but it is sometimes construed to mean only those who are entitled to take under the statute of distributions, and sometimes to include other persons. 2 Story. Eq. Jur. I 10656. The words "next of kin/* used simpliciter in a deed or will, mean, not nearest of kindred, but those relatives who share in the estate according to the statute of distributions, including those claiming per stirpes or by representation. Slosson v. Lynch, 43 Barb. (N. Y.) 147.-Next presentation. In the law of advowsons. The right of next presentation is t|ie right to present to the first vacancy of a benefice. Less...

Lat In Roman law. In ancient times the nexum seems to have been a species of formal contract, involving a loan of money, and attended with peculiar consequences, solemnized with the "copper and balance." Later, it appears to have been used as a general term for any contract struck with More...

Lat In Roman law. In ancient times the nexum seems to have been a species of formal contract, involving a loan of money, and attended with peculiar consequences, solemnized with the "copper and balance." Later, it appears to have been used as a general term for any contract struck with those ceremonies, and heuce to have Included tbe special form of conveyance called "mancipation9 In a general sense it means the obligation or bond between contracting parties. See Maine, Anc. Law, 305, e* seq.* Hadl. Rom. Law, 247. In Roman law, this word expressed the tie or obligation involved in the old conveyance by mancipatio; and came latterly to be used interchangeably with (but less frequently than) the word "obligatio" itself. Brown. Less...

A short name; one nicked or cut off for the sake of brevity, without conveying an idea of opprobrium, and frequently evincing the strongest affection or the most perfect familiarity. North Carolina Inst v. Norwood, 45 N. C. 74.

A short name; one nicked or cut off for the sake of brevity, without conveying an idea of opprobrium, and frequently evincing the strongest affection or the most perfect familiarity. North Carolina Inst v. Norwood, 45 N. C. 74. Less...

A vile, base person, or sluggard; chicken-hearted. Spelman.

A vile, base person, or sluggard; chicken-hearted. Spelman. Less...