Legal Term Dictionary

Lat A naked pact; a bare agreement; a promise or undertaking made without any consideration for it Justice v. Lang, 42 N. T. 493, 1 Am. Rep. 576; Wardell v. Williams, 62 Mich. 50, 28 N. W. 800, 4 Am. St. Rep. 814. Nudnm pactum est nbi nnlla snbest eansa More...

Lat A naked pact; a bare agreement; a promise or undertaking made without any consideration for it Justice v. Lang, 42 N. T. 493, 1 Am. Rep. 576; Wardell v. Williams, 62 Mich. 50, 28 N. W. 800, 4 Am. St. Rep. 814. Nudnm pactum est nbi nnlla snbest eansa prsster eonventionem; sed nbi snbest eansa. At obUgatio, ot parit actionem. A naked contract is where there Is no consideration except the agreement; but/ where there is a consideration, it becomes an obligation and gives a right of action. Plowd. 309; Broom, Max. 745, 750. Nudum pactum ex qno non oritur aotio. Nudum pactum is that upon which no action arises. Cod. 2, 3, 10; Id. 5, 14, 1; Broom, Max. 676. Less...

(New Compilation.) The title of a code of Spanish law, promulgated in the year 1567. Schm. Civil Law,' Introd. 79-81.

(New Compilation.) The title of a code of Spanish law, promulgated in the year 1567. Schm. Civil Law,' Introd. 79-81. Less...

Futile; ineffectual; invalid; destitute of constraining force or vitality. A legislative act may be "nugatory" because unconstitutional.

Futile; ineffectual; invalid; destitute of constraining force or vitality. A legislative act may be "nugatory" because unconstitutional. Less...

Naught; of no validity or effect. Usually coupled with the word "void;" as oonull and void." Forrester v. Boston, etcL, Min. Co., 29 Mont 397, 74 Pac. 1088; Hume v. Eagon, 73 Mo. App. 276

Naught; of no validity or effect. Usually coupled with the word "void;" as oonull and void." Forrester v. Boston, etcL, Min. Co., 29 Mont 397, 74 Pac. 1088; Hume v. Eagon, 73 Mo. App. 276 Less...

Lat. Among the property of no person.

Lat. Among the property of no person. Less...

Lat. In old English law. Of no legal force. Fleta, lib. 2, c. 60, I 24.

Lat. In old English law. Of no legal force. Fleta, lib. 2, c. 60, I 24. Less...

L. Lat. No award. The name of a plea in an action on an arbitration bond, for not fulfilling the award, by which the defendant traverses the allegation that there was an award made. Nullum orimen majus est inobedien-tin. No crime is greater than disobedience. Jenk. Cent p. 77, case More...

L. Lat. No award. The name of a plea in an action on an arbitration bond, for not fulfilling the award, by which the defendant traverses the allegation that there was an award made. Nullum orimen majus est inobedien-tin. No crime is greater than disobedience. Jenk. Cent p. 77, case 48. Applied to the refusal of an officer to return a writ. Nullum enemplnm est idem omnibus. No example is the same for all purposes. Co. Litt. 212a. No one precedent is adapted to all cases. A maxim in conveyancing. Less...

Lat. In the civil law. Money told or counted; money paid by tale. Inst 3, 24, 2; Bract fol. 35. NUMMATA. The price of anything in money, as,denariata is the price of a thing by computation of pence, and librata of pounds.

Lat. In the civil law. Money told or counted; money paid by tale. Inst 3, 24, 2; Bract fol. 35. NUMMATA. The price of anything in money, as,denariata is the price of a thing by computation of pence, and librata of pounds. Less...

Anything that unlawfully worketh hurt, inconvenience, or damage. 3 Bl. Comm. 21&. That class of wrongs that arise from thp unreasonable, unwarrantable, or unlawful use by a person of his own property, either real or personal, or from his own improper, indecent, or unlawful personal conduct, working an obstruction of More...

Anything that unlawfully worketh hurt, inconvenience, or damage. 3 Bl. Comm. 21&. That class of wrongs that arise from thp unreasonable, unwarrantable, or unlawful use by a person of his own property, either real or personal, or from his own improper, indecent, or unlawful personal conduct, working an obstruction of or injury to the right of another or of the public, and producing such material annoyance, inconvenience, discomfort, or hurt that the law will presume a consequent damage. Wood, Nuis. | 1. Anything which is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake or river, bay, stream, canal, or basin, or any public park, square, street or highway, is a niusance. Civ. Code Cal. ? 3479. And see Veazie v. Dwinel, 50 Me. 479; People v. Metropolitan Tel. Co., 11 Abb. N. C. (N. T.) 304; Bohan v. Port Jervis Gaslight Co., 122 N. Y. 18, 25 N. E. 246, 9 L. R. A. 711; Baltimore A P. R. Co. v. Fifth Baptist Church, 137 U. S. 568, 11 Sup. Ct. 185, 34 L. Ed. 784; Id., 108 U. S. 317, 2 Sup. Ct. 719, 27 L. Ed. 739: Cardington v. Frederick, 46 Ohio St 442, 21 N. E. 766; Gifford v. Hulett, 62 Vt 342, 19 Atl. 230: Ex parte Foote, 70 Ark. 12, 65 S. W. 706. 91 Am. St Rep. 63; Carthage v. Munsell, 203 111. 474, 67 N. E. 831; Northern Pac. R. Co. v. Whalen, 149 TJ. S. 157, 13 Sup. Ct. 822, 37 L. Ed. 086; Phinizy v. City Council of Augusta, 47 Ga. 266; Allen Union Oil Co., 59 S. C. 571, 88 S. E. 274. . Classification. Nuisances are commonly classed as public and private, to which Is sometimes added a third class called mixed. A public nuisance is one which affects an indefinite number of persons, or all the residents of a particular locality, or all people coming within' the extent of its range or operation, although the extent of the annoyance or damage inflicted upon individuals may be unequal; and hence, though only a few persons may be actually injured or annoyed at any given time, it is none the less a public nuisance if of such a character that it must or will injure or annoy all that portion of the. general public which may be compelled to come into contact with it, or within the range of its influence. See Burn-ham V. Hotchkiss, 14'Conn. 317.; Chesbrough Com'rs, 37 Ohio St 508; Lansing v. Smith, 4 Wend. (N. Y.) 30, 21 Am. Dec. 89; Nolan v. New Britain, 69 Conn. 668, 38 Atl. 703: Kelley v. New York, 6 Misc. Rep. 516, 27 N. Y. Supp. 164; Kissel v. Lewis, 156 Ind. 233, 59 N. E. 478; Burlington v. Stockwell, 5 Kan. App. 569, 47 Pac. 988; Jones v. Chanute, 63 Kan. 243, 65 Pac. 243; Civ. Code Cal. | 3480. A private nuisance was originally defined as anything done to the hurt or annoyance of the lands, tenements, or hereditaments of another. 3 Bl. Comm. 216. But the modern definition includes any wrongful act which destroys or deteriorates the property of another or interferes with his lawful use or enjoyment thereof, or any act which unlawfully hinders him in the enjoyment of a common or public right and causes him a special injury. Therefore, al* though the ground bf distinction between public and private nuisances is still the injury to the community at large or, on the other hand, to a single individual, it is evident that the same thing or.act may constitute a public nuisance and at the same time a private nuisance, being the latter as to any person who sustains from it, in his person or property, a special, injury different from that of the general public. See Heeg v. Licht, 80 N. Y. 582, 36 Am. Rep. 654; Bakseger v. Carolina Midland R. Co., 54 S. C. 242, 32 S. E. 358. 71 Am. St Rep. 789; Kavanagh v. Barber. 131 N. Y. 211, 30 N. E. 235, 15 L. R. A. 689; Haggart v. Stehlin, 137 Ind. 43, 85 N. E. 997. 22 L. R. A. 577; Dorman v. Ames. 12 Minn. 461 (Gil. 347); Ackerman v. True, 175 N. Y. 353, 67 N. E. 629; Kissel v. Lewis, 166 Ind. 233, 59 N. E. 478; Willcox v. Hines, 100 Tenn. 538, 46 S. W. 297, 41 L. R. A. 278, 66 Am. St. Rep. 770. A mixed nuisance is of the kind last described; that is, it is one which is both public and private in its effects.-public because it injures many persons or all the community, and private in that it also produces special injuries to private rights. Kelley v. New York, 6 Misc. tep. 516, 27 N. Y. Supp. 164. Other compound and descriptive terms. -Actionable nuisance. See ACTIONABLE.- Assise of nuisance. In old practice, this was a judicial writ directed to the sheriff of the county in which a nuisance existed, in which it was stated that the party injured complained of some particular fact done ad nocumcntum liberi tenementi sui, (to the nuisance of his freehold,) and commanding the sheriff to summon an assize (that is, a jury) to view the premises, and have them at the next commission of assizes, that justice might be done, etc. 3 Bl. Comm. 221.-Common nuisance. One which affects the public in general, and not merely some particular person; a public nuisance. 1 Hawk. P. C. 197.-Continuing nuisance. An uninterrupted or periodically recurring nuisance; not necessarily a constant or unceasing injury, but a nuisance which occurs so often and is so necessarily an incident of the use of property complained of that it can fairly be said to be continuous. Farley v. Gaslight Co., 105 Ga. 323, 31 S. E. 393.-Nni-sanoe per se. One which constitutes a nuisance at all times and under all circumstances, irrespective of locality or surroundings, as. things prejudicial to public morals or dangerous to life or injurious to public rights; distinguished from things declared to he nuisances y statute, and also from things which constitute nuisances only when considered with reference to their particular location or other individual circumstances. Hundley v. Harrison,, 123 Ala. 292, 26 South. 294; Whitmore v. Paper Co., 91 Me. 297, 39 Atl. 1032, 40 L. R. A. 377, 64 Am. St. Rep. 229; Windfall Mfg. Co. v. Patterson, 148 Ind. 414, 47 N. E. 2, 37 L. R. A. 381, 62 Am. St Rep. 532. Less...

No; none. A law French negative particle, commencing many phrases. -Nul agard. No award. The name of a plea in an action on an arbitration bond, by which the defendant traverses the making of any legal award.-Nnl disseisin. In pleading. No disseisin. A plea of the general issue in a More...

No; none. A law French negative particle, commencing many phrases. -Nul agard. No award. The name of a plea in an action on an arbitration bond, by which the defendant traverses the making of any legal award.-Nnl disseisin. In pleading. No disseisin. A plea of the general issue in a real action, by which the defendant denies that there was any disseisin.-Nnl tiel corporation. No such corporation [exists.] The form of a plea denying the existence of an alleged corporation.-Nul tiel record. No such record. A plea denying the existence of any such record: as that alleged by the plaintiff. It is the general plea in an action of debt on a judgment. Hoffheimer v. Stiefel, 17 Misc. Rep. 236, 39 N. Y. Supp. 714.-Nnl tort. In pleading. A plea of the general issue to a real'action, by which the defendant denies that he qommitted any wrong.-Nul waste. No waste. The name of a plea in an action of waste, denying the committing of waste, and forming the general issue. Nul oharter, nnl vente, no nnl done vault perpetualment, si le donor n'est seise al temps de contracts de deux droits, se. del droit de possession et del droit de propertie. Co. Litt 266. No grant, no sale, no gift, is valid forever, unless the donor, at the time of the contract, is seised of two rights, namely, the right of possession, and the right of property. Nul no doit s*enrlchir ana depens des antres. No one ought to enrich himself at the expense of others. Hnl prendre advantage de son tort demesne. No one shall take advantage of his own wrong. 2 Inst 713; Broom, Max. 290. Nnl sans damage avera error on attaint. Jenk. Cent 823. No one shall have error or attaint unless he has sustained damage. Less...