Legal Term Dictionary

In old English law. Deeds. Facta armorum, deeds or feats of arms; that is, jousts or tournaments. Cowell. Facts. Facta et casus, facts and cases. Bract, fol. 16. Facta sunt potentiora verbis. Deeds are more powerful than words. Facta tenant mnlta quae fieri prohibentur. 12 Coke, 124. Deeds contain many More...

In old English law. Deeds. Facta armorum, deeds or feats of arms; that is, jousts or tournaments. Cowell. Facts. Facta et casus, facts and cases. Bract, fol. 16. Facta sunt potentiora verbis. Deeds are more powerful than words. Facta tenant mnlta quae fieri prohibentur. 12 Coke, 124. Deeds contain many things which are prohibited to be done. Less...

In the civil law. The right, power, or capacity of making a will; called "factio activa" Inst. 2, 10, 6. The right or capacity of taking by will; called "factio passiva." Inst 2, 10, 6.

In the civil law. The right, power, or capacity of making a will; called "factio activa" Inst. 2, 10, 6. The right or capacity of taking by will; called "factio passiva." Inst 2, 10, 6. Less...

In fact; by an act; by the act or fact. Ipso facto, by the act itself; by the mere effect of a fact, without anything superadded, or any proceeding upon it to give it effect 3 Kent Comm. 55, 58.

In fact; by an act; by the act or fact. Ipso facto, by the act itself; by the mere effect of a fact, without anything superadded, or any proceeding upon it to give it effect 3 Kent Comm. 55, 58. Less...

1. A commercial agent employed by a principal to sell merchandise consigned to him for that purpose, for and in behalf of the principal, but usually in his own name, being intrusted with the possession and control of the goods, and being remunerated by a commission, commonly called "factorage." Howland More...

1. A commercial agent employed by a principal to sell merchandise consigned to him for that purpose, for and in behalf of the principal, but usually in his own name, being intrusted with the possession and control of the goods, and being remunerated by a commission, commonly called "factorage." Howland v. Woodruff, 60 N. Y# 80; In re Rabenau (D. C.) 118 Fed. 474; Lawrence v. Stonington Bank, 6 Conn. 527; Graham v. Duckwall, 8 Bush (Ky.) 17. A factor is an agent who, in the pursuit of an independent calling, is employed by another to sell property for him, and is vested by the latter with the possession or control of the property, or authorized to receive payment therefor from the purchaser. Civ. Code Cal. s 2026; Civ. Code Dak. | 1168. Classification. Factors are called "domestic" or "foreign" according as they reside and do business in the same state or country with the principal or in a different state or country. A domestic factor is sometimes called a "home" factor. Ruffner v. Hewitt, 7 W. Va. 585. Synonyms. A factor differs from a "broker" in that he is intrusted with the possession, management and control of the goods, (which gives him a special property in them,) while a broker acts as a mere intermediary without control or possession of the property ; and further, a factor is authorized to buy and sell in his owh name, as well as in that of the principal, which a broker is not. Edwards v. Hoeffinghoff (C. C.) 38 Fed. 641: Delafield v. Smith, 101 Wis. 664, 78 N. W. 170, 70 Am. St. Rep. 938; Graham v. Duckwall, 8 Bush (Ky.) 12; Slack v. Tucker, 23 Wall. 330, 23 LL Ed. 143. Factors are also frequently called "commission merchants ;" and it is said that there is no difference in the meaning of these terms, the latter being perhaps more commonly used in America. Thompson v. Woodruff, 7 Cold. 410; Duguid v. Edwards, 50 Barb. (N. Y.) 288; Lyon v. Al-vord, 18 Conn. 80. Where an owner of goods to be shipped by sea consigns them to the care of an agent who sails on the same vessel, has charge of the cargo on board, sells it abroad, and buys a return cargo out of the proceeds, such agent is strictly and properly a ''factor," though in maritime law and usage he is commonly called a "supercargo.". Beaw. Lex Merc. 44, 47 J Liverm. Ag. 69, 70. Factorage. The allowance or commission paid to a factor by his principal. Winne v. Hammond. 37 111. 103; State v. Thompson, 120 Mo. 12. 25 S. W. 346.-Factors' acts. The name given to several English statutes (6 Geo. IV. c. 94; 5 & 6 Vict c. 39; 40 & 41 Vict c. 39) by which a factor is enabled to make a valid pledge of the goods, or of any part thereof, to one who believes him to be the bona fide owner of the goods. 2. The term is used in some of the states to denote the person who is elsewhere called "garnishee" or "trustee." See FACTORIZING PROCESS." 3. In Scotch law, a person appointed to transact business or manage affairs for another, but more particularly an estate-agent or one intrusted with the management of a landed estate, who finds tenants, makes leases, collects the rents, etc. -Judicial factor. In Scotch law. A factor appointed by the courts in certain cases where it becomes necessary to intrust the management of property to another than the owner, as, where the latter is insane or imbecile or the infant heir of a decedent. Less...

In American law. A process by which the effects of a debtor are attached in the hands of a third person. A term peculiar to the practice in Vermont and Connecticut. Otherwise termed "trustee process" and "garnishment." Cross v. Brown, 19 R. I. 220, 33 Atl. 147.

In American law. A process by which the effects of a debtor are attached in the hands of a third person. A term peculiar to the practice in Vermont and Connecticut. Otherwise termed "trustee process" and "garnishment." Cross v. Brown, 19 R. I. 220, 33 Atl. 147. Less...

In English law. The term includes all buildings and premises wherein, or within the close or curtilage of which, steam, water, or any mechanical power is used to move or work any machinery employed in preparing, manufacturing, or finishing cotton, wool, hair, silk, flax, hemp, jute, or tow. So defined More...

In English law. The term includes all buildings and premises wherein, or within the close or curtilage of which, steam, water, or any mechanical power is used to move or work any machinery employed in preparing, manufacturing, or finishing cotton, wool, hair, silk, flax, hemp, jute, or tow. So defined by the statute 7 Vict, c 15, 5 73. By later acts this definition has been extended to various other manufacturing places. Mozley & Whitley. Also a place where a considerable number of factors reside, in order to negotiate for their masters or employers. Enc. Brit In American law. The word "factory" does not necessarily mean a single building or edifice, but may apply to several, where they are used in connection with each other, for a common purpose, and stand together in the same inclosure. Liebenstein v. Insurance Co., 45 111. 303. And see Insurance Co. v. Brock, 57 Pa. 82; Hernischel v. Texas Drug Co., 26 Tex. Civ. App. 1, 61 S. W. 419; Schott v. Harvey, 105 Pa. 227, 51 Am. Rep. 201. In Scotch law. This name is given to a species of contract or employment which falls under the general designation of "agency," but which partakes both of the nature of a mandate and of a bailment of the kind called "locatio ad operandum" 1 Bell, Comm. 259. -Factory prices. The prices at which goods may be bought at the factories, as distinguished from tbe prices of goods bought in the market after they have passed into the hands of third persons or shop-keepers. Whipple v. Levett, 2 Mason, 90, Fed. Cas. No. 17,518. Facts cannot lie. 18 How. State Tr. 1187; 17 How. State Tr. 1430. Less...

Lat. In old English law. A deed; a person's act and deed; anything stated or made certain; a sealed instrument; a deed of conveyance. A fact; a circumstance; particularly a fact in evidence. Bract fol. lb. In testamentary law. The execution or due execution of a will. The factum of More...

Lat. In old English law. A deed; a person's act and deed; anything stated or made certain; a sealed instrument; a deed of conveyance. A fact; a circumstance; particularly a fact in evidence. Bract fol. lb. In testamentary law. The execution or due execution of a will. The factum of an instrument means not barely the signing of it and the formal publication or delivery, but proof that the party well knew and understood the contents thereof, and did give, will, dispose, and do, in all things, as in the said will is contained. Weatherhead v. Bask-erville, 11 How. 354, 13 L. Ed. 717. In the civil law. Fact; a fact; a matter of fact, as distinguished from a matter of law. Dig. 41, 2, 1, 3. In French law. A memoir which contains concisely set down the fact on which a contest has happened, the means on which a party founds his pretensions, with the refutation of the means of the adverse party. Vicat. In old European law. A portion or allotment of land. Spelman. -Factum juridicum. A juridical fact. Denotes one of the factors or elements constituting an obligation.-Factum probandum. Lat. In the law of evidence. The fact to be proved; a fact which is in issue, and to which evidence is to be directed. 1 Greenl. Ev. f 13. -Factum probans. A probative or evidentiary fact; a subsidiary or connected fact tending to prove the principal fact in issue; a piece of circumstantial evidence. Factum a judice quod ad ejus officium non spectat non ratum est. An action of a judge which relates not to his office is of no force. Dig. 50, 17, 170; 10 Coke, 76. Factum cuique suum non adversario, fsoeem debet. Dig. 50, 17, 155. A party's own act should prejudice himself, not his adversary. Factum infectum fieri nequit. A thing done cannot be undone. 1 Karnes, Eq. 90, 259. Factum negantis nulla probatio sit. Cod. 4, 19, 23. There is no proof incumbent upon him who denies a fact. "Factum" non dicitur quod non perseverat. 5 Coke, 96. That is not called a "deed" which does not continue operative. Factum unius alteri nooeri non debet. Co. litt 152. The deed of one should not hurt another. Facultas probationum non est angustanda. The power of proofs [right of offering or giving testimony] is not to be narrowed. 4 Inst 279. Less...

In the law of divorce. The capability of the husband to render a support to the wife in the form of alimony, whether temporary or permanent, including not only his tangible property, but also his income and his ability to earn money. 2 Bish. Mar. & Div. s 446; Lovett More...

In the law of divorce. The capability of the husband to render a support to the wife in the form of alimony, whether temporary or permanent, including not only his tangible property, but also his income and his ability to earn money. 2 Bish. Mar. & Div. s 446; Lovett v. Lovett, 11 Ala. 763; Wright v. Wright, 3 Tex. 168. Less...

In English ecclesiastical law. A jurisdiction or tribunal belonging to the archbishop. It does not hold pleas in any suits, but creates rights to pews, monuments, and particular places, and modes of burial. It has also various powers under 25 Hen. VIII. c. 21, in granting licenses of different descriptions, More...

In English ecclesiastical law. A jurisdiction or tribunal belonging to the archbishop. It does not hold pleas in any suits, but creates rights to pews, monuments, and particular places, and modes of burial. It has also various powers under 25 Hen. VIII. c. 21, in granting licenses of different descriptions, as a license to marry, a faculty to erect an organ in a parish church, to level a church-yard, to remove bodies previously burled. 4 Inst. 337. Less...

In ecclesiastical law. A license or authority; a privilege granted by the ordinary to a man by favor and indulgence to do that which by law he may not do; e. g., to marry without banns, to erect a monument in a church, etc. Termes de la Ley. In Scotch More...

In ecclesiastical law. A license or authority; a privilege granted by the ordinary to a man by favor and indulgence to do that which by law he may not do; e. g., to marry without banns, to erect a monument in a church, etc. Termes de la Ley. In Scotch law. A power founded on consent as distinguished from a power founded on property. 2 Karnes, Eq. 265. Less...