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Legal Term Dictionary

Search our free database of thousands of legal terms. The easiest-to-read, most user-friendly guide to legal terms.This dictionary is from the early 20th century and is not to be construed as legal advice.

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TAINT
A conviction of felony, or the person so convicted. Cowell.

A conviction of felony, or the person so convicted. Cowell. Less...
TAKER
One who takes or acquires; particularly, one who takes an estate by devise. When an estate is granted subject to a remainder or executory devise, the devisee of the immediate Interest is called the "first taker."

One who takes or acquires; particularly, one who takes an estate by devise. When an estate is granted subject to a remainder or executory devise, the devisee of the immediate Interest is called the "first taker." Less...
TAKE
1. To lay hold of; to gain or receive into possession; to seize; to deprive one of the possession of; to assume ownership. Thus, it is a constitutional provision that a man's property shall not be taken for public uses without just compensation. Evansville A C. R. Co. v. Dick, More...

1. To lay hold of; to gain or receive into possession; to seize; to deprive one of the possession of; to assume ownership. Thus, it is a constitutional provision that a man's property shall not be taken for public uses without just compensation. Evansville A C. R. Co. v. Dick, 0 Ind. 433. 2. To obtain or assume possession of a chattel unlawfully, and without the owner's consent; to appropriate things to one's own use with felonious intent Thus, an actual taking is essential to constitute larceny. 4 Bl. Comm. 430. 3. To seize or apprehend a person; to arrest the body of a person by virtue of lawful process. Thus, a capias commands the officer to take the body of the defendant 4. To acquire the title to an estate; to receive an estate in lands from another person by virtue of some species of title. Thus, one is said to "take by purchase," "take by descent" "take a life-interest under the devise," etc. 5. To receive the verdict of a jury; to superintend the delivery of a verdict; to hold a court. The commission of assize in England empowers the judges to take the assizes; that is, according to its ancient meaning, to take the verdict of a peculiar species of Jury called an "assize;" but in Its present meaning, "to hold the assizes." 8 Bl. Comm. 59, 185." -Take up. A party to a negotiable instrument, particularly an indorser or acceptor, is said to "take up" the paper, or to "retire" it when he pays its amount or substitutes other security for it, and receives It again into his own hands. See Hartzell v. McClurg, 54 Neb. 316, 74 N. W. 626. Less...
TAKING
In criminal law and torts. The act of laying hold upon an article, with or without removing the same.

In criminal law and torts. The act of laying hold upon an article, with or without removing the same. Less...
TALE
In old pleading. The plaintiff's count, declaration, or narrative of his case 8 Bl. Comm. 293. The count or counting of money. Said to be derived from the same root as "tally.". Cowell. Whence also the modern word "teller".

In old pleading. The plaintiff's count, declaration, or narrative of his case 8 Bl. Comm. 293. The count or counting of money. Said to be derived from the same root as "tally.". Cowell. Whence also the modern word "teller". Less...
TALES
Lat Such; such men. When, by means of challenges or any other cause, a sufficient number of unexceptionable Jurors does not appear at the trial, either party may pray a "tales," as it is termed; that Is, a supply of such men as are summoned on the flrst panel in More...

Lat Such; such men. When, by means of challenges or any other cause, a sufficient number of unexceptionable Jurors does not appear at the trial, either party may pray a "tales," as it is termed; that Is, a supply of such men as are summoned on the flrst panel in order to make up the deficiency. Brown. See State v. McCrystol, 43 La. Ann. 907, 0 South. 922; Railroad Co. v. Mask, 04 Miss. 738, 2 South. 360. Less...
TALES DE CIRCUMSTANTIBUS
So many of the by-standers. The emphatic words of the old writ awarded to the sheriff to make up a deficiency of jurors out of the persons present in court 8 Bl. Comm. 365.

So many of the by-standers. The emphatic words of the old writ awarded to the sheriff to make up a deficiency of jurors out of the persons present in court 8 Bl. Comm. 365. Less...
TALESMAN
A person summoned to act as a juror from among the by-standers in the court. Linehan v. State, 113 Ala. 70, 21 South. 497; Shields v. Niagara County Sav. Bank, 5 Thonip. A C. (N. Y.) 587.

A person summoned to act as a juror from among the by-standers in the court. Linehan v. State, 113 Ala. 70, 21 South. 497; Shields v. Niagara County Sav. Bank, 5 Thonip. A C. (N. Y.) 587. Less...
TALIO
Lat. In tHe civil law. Like for like; punishment in the same kind; the punishment of an injury by an act of the same kind, as an eye for an eye, a limb for a limb, etc. Calvin. Talis interpretatio semper flenda est, nt evitetnr absnrdnm et inoonveniens, et ne More...

Lat. In tHe civil law. Like for like; punishment in the same kind; the punishment of an injury by an act of the same kind, as an eye for an eye, a limb for a limb, etc. Calvin. Talis interpretatio semper flenda est, nt evitetnr absnrdnm et inoonveniens, et ne jndieinm sit iUnsorinm. 1 Coke, 52. Interpretation is always to be made in such a manner that what is absurd and inconvenient may be avoided, and the judgment be not illusory. Talis non est eadem; mam nnllnm simile est idem. 4 Coke, 18. What is like is not the same; for nothing similar is the same. Talis res, Tel tale rectum, qnss Tel qnod non est in homine adtnne super-* etlte sed tantmmmodo est et eonsistit in considerations et intelliarentia legis, et qnod alii dinemnt talem rem Tel tale rectum fere in nnbibns. Such a thing or such a right as is not vested in a person then living, but merely exists in the consideration and contemplation of law [is said to be in abeyance,] and others have said that such a thing or such a right is in the clouds. Co. Litt 342. Less...
TALITER PROCESSUM EST
Upon pleading the judgment of an inferior court the proceedings preliminary to such judgment, and on which the same was founded, must to some extent appear in the pleading, but the rule is that they may be alleged with a general allegation that "such proceedings were had," instead of a More...

Upon pleading the judgment of an inferior court the proceedings preliminary to such judgment, and on which the same was founded, must to some extent appear in the pleading, but the rule is that they may be alleged with a general allegation that "such proceedings were had," instead of a detailed account of the proceedings themselves, and this general allegation is called the "taUter processum est." A like concise mode of stating former proceedings in a suit is adopted at the present day in chancery proceedings upon petitions and in actions in the nature of hills of revivor and supplement. Brown. Less...

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