Legal Term Dictionary

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...

Lat No goods. The name of the return made by the sheriff to a writ of execution, when he has not found any goods of the defendant within his jurisdiction on which he could levy. Woodward v. Harbin, 1 Ala. 108; Reed v. Lowe, 163 Mo. 519, 63 S. W. More...

Lat No goods. The name of the return made by the sheriff to a writ of execution, when he has not found any goods of the defendant within his jurisdiction on which he could levy. Woodward v. Harbin, 1 Ala. 108; Reed v. Lowe, 163 Mo. 519, 63 S. W. 687, 85 Am. St Rep. 578; Lang-ford v. Few, 146 Mo. 142, 47 S. W. 927, 69 Am. St Rep. 606. Nulla curia quae recordnm non babet potest imponere flnem neqne aliqnem mandare career!; quia Ista speetant tan-tnmmodo ad curias do rcoordo. 8 Cokev 60. . No court which has not a record can impose a fine or commit any person to prison: because those powers belong only to courts of record. Nullaemptio sine pretio esse potest. There can be no sale without a price. Brown v. Bellows, 4 Pick. (Mass.) 189 Nulla impossibilia ant inbonesta sunt prsesnmenda; vera antem et bonesta et possibilia. No things that are impossible or dishonorable are to be presumed; but things that are true and honorable and possible. Co. Litt 78b. Nulla pactione emei potest nt dolus prsBstetnr. By no agreement can It be effected that a fraud shall be practiced. Fraud will not be upheld, though it may seem to be authorized by express agreement 5 Maule & S. 466; Broom, Max. 696. Nulla virtus, nnlla soientia, locnm snnm et dignitatem conserrare potest sine modestia. Co. Litt. 394. Without modesty, no virtue, no knowledge, can preserve its place and dignity. Nulle terre sans seigneur. No land without a lord. A maxim of feudal law. Guyot, Inst. Feod. c. 28. Null! enim res sna servit jnre aerri-tntis. No one can have a servitude over his own property. Dig. 8, 2, 26; 2 Bouv. Inst, no. 1600; Grant v. Chase, 17 Mass. 443, 9 Am. Dec. 161. Less...

Nothing; no proceeding; an act or proceeding in a cause which the opposite party may treat as though it had not taken place, or which has absolutely no legal force or effect. Salter v. Hllgen, 40 Wis. 363; Jenness v. Lapeer County Circuit Judge, 42 Mich. 469, 4 N. W. More...

Nothing; no proceeding; an act or proceeding in a cause which the opposite party may treat as though it had not taken place, or which has absolutely no legal force or effect. Salter v. Hllgen, 40 Wis. 363; Jenness v. Lapeer County Circuit Judge, 42 Mich. 469, 4 N. W. 220; Johnson v. Hines, 61 Md. 122. -Absolute nullity. In Spanish law, nullity is either absolute or relative. The former is that which arises from the law, whether civil or criminal, the principal motive for which is the public interest, while the latter is that which affects one certain individnal. Sunol v. Hepburn, 1 Cal. 281. No such distinction, however, is recognized in American law, and the term "absolute nullity" is used more for emphasis than as indicating a degree of invalidity. As to the ratification or subsequent validation of "absolute nullities," see Means v. Robinson, 7 Tex. 502, 516.-Nullity of marriage. The entire invalidity of a supposed, pretended, or attempted marriage, by reason of relationship or incapacity of the parties or other diriment impediments. An action seeking a decree declaring such an assumed marriage to be null and void is called a suit of "nullity of marriage." It differs from an action for divorce, because the latter supposes the existence of a valid and lawful marriage. Sec 2 Bish. Mar. A Div. || 289-294. Less...

Lat. The son of nobody; a bastard. Nullins bominis anotoritas apnd nos valere debet, nt mellora non sequere-mnr si qnis attnlerit. The authority of no man ought to prevail with us, so far as to prevent our following better [opinions] if any one should present them. Co. Litt 383b.

Lat. The son of nobody; a bastard. Nullins bominis anotoritas apnd nos valere debet, nt mellora non sequere-mnr si qnis attnlerit. The authority of no man ought to prevail with us, so far as to prevent our following better [opinions] if any one should present them. Co. Litt 383b. Less...

L. Lat In pleading. The name of a plea to an action of debt upon an obligation for the performance of an award, by which the defendant denies that he submitted to arbitration, etc Bac Abr. "Arbttr." etc., G. Nullum iniqnnm est prsesnmendnm in jure. 7 Coke, 71. No iniquity More...

L. Lat In pleading. The name of a plea to an action of debt upon an obligation for the performance of an award, by which the defendant denies that he submitted to arbitration, etc Bac Abr. "Arbttr." etc., G. Nullum iniqnnm est prsesnmendnm in jure. 7 Coke, 71. No iniquity is to be presumed in law. Nullum matrimonium, ibi nnlla dos. No marriage, no dower. Wait v. Wait, 4 Barb. (N. Y.) 192, 194. Nullum simile est idem nisi quatuor pedibns currit. Co. Litt 3. No like Is identical, unless it run on all fours. Nullum simile quatnor pedibns enrrit. No simile runs upon four feet, (or all fours, as it is otherwise expressed.) No simile holds in everything. Co. Litt. 8a; Ex parte Foster, 2 Story, 143, Fed. Cas. No. 4960. Less...

In English law. A name given to the statute 3 Geo. III. c. 16, because that act, in contravention of the maxim "Nullum tempos occurrtt regi," (no lapse of time bars the king,) limited tbe crown's right to sue, etc, to the period of sixty years. Nullum tempns ant locus More...

In English law. A name given to the statute 3 Geo. III. c. 16, because that act, in contravention of the maxim "Nullum tempos occurrtt regi," (no lapse of time bars the king,) limited tbe crown's right to sue, etc, to the period of sixty years. Nullum tempns ant locus occurrit regi. No time or place affects the king. 2 Inst. 273; Jenk. Cent 83; Broom, Max. 65. Nullum tempns occurrit reipnbliese. No time runs [time does not run] against the commonwealth or state. Levasser v. Washburn, 11 Grat (Va.) 572. Nullns alias qnam rex possit episcopo demandare inquisitionem faciendum. Co. Litt. 134. No other than the king can command the bishop to make an inquisition. Nullns oommodnm oapere potest de injuria sna propria. No one can obtain an advantage by his own wrong. Co. litt 148; Broom, Max. 279. Nullns debet agere de dolo, nbi alia actio snbest. Where another form of action is given, no one ought to sue in the action de dolo. 7 Coke, 92. Nnllns dieitnr accessorius post felo-niam, sed ille qnl novit prinoipalem feloniam fecisse, et ilium receptavit et oomfortavit. 8 Inst 138, No one is called an "accessary" after the fact but he who knew the principal to have committed a felony, and received and comforted him. Nnllns dieitnr felo principalis nisi actor, ant qnl prsesens est, abettans ant anxilians ad feloniam fadendam. No one is called a "principal felon" except the party actually committing the felony, or the party present aiding and abetting in its commission. Nnllns idenens testis in re sna intel-ligitnr. No person is understood to be a competent witness in bis own cause. Dig. 23,5,10V Nnllns jns allennm forisfaeere potest. No man can forfeit another's right. Fleta, lib. 1, c. 28, S 11. Nnllns reoedat e enria oaneellaria sine remedio. No person should depart from the court of chancery without a remedy. 4 Hen. VII. 4; Branch, Princ. Nnllns simile est idem, nisi quatnor pedibns cnrrlt. No like is exactly identical unless it runs on all fours. Nnllns videtur dolo faoere qui sno jnre ntitnr. No one is considered to act with guile who uses his own right Dig. 50, 17, 55; Broom, Max. 180. Less...

An acre of land. Spelman.

An acre of land. Spelman. Less...

Lat Now for then. A phrase applied to acts allowed to be done after the time when they should be done, with a retroactive effect, i. e., with the same effect as if regularly dope. Perkins v. Hay-ward, 132 Ind. 95, 31 N. E. 670; Secou v. Leroux, 1 N. More...

Lat Now for then. A phrase applied to acts allowed to be done after the time when they should be done, with a retroactive effect, i. e., with the same effect as if regularly dope. Perkins v. Hay-ward, 132 Ind. 95, 31 N. E. 670; Secou v. Leroux, 1 N. M. 388. Less...