Legal Term Dictionary

In feudal law. To summon to court Feud. Lib. 2, tit 22.

In feudal law. To summon to court Feud. Lib. 2, tit 22. Less...

Lat. A summoning to court. In the earlier practice of the Roman law, (under the legis actiones,) the creditor orally called upon his debtor to go with him before the pnetor for the purpose of determining their controversy, saying, "In jus camus; in jus te voco." This was called "vocatio More...

Lat. A summoning to court. In the earlier practice of the Roman law, (under the legis actiones,) the creditor orally called upon his debtor to go with him before the pnetor for the purpose of determining their controversy, saying, "In jus camus; in jus te voco." This was called "vocatio in jus." Less...

(Latin) In old English law. Outcry; hue and cry. Cowell.

(Latin) In old English law. Outcry; hue and cry. Cowell. Less...

(Latin) In the civil and old Eng¬lish law. I call; I summon; I vouch. In jus voco te, I summon you to court; I sum¬mon you before the praetor. The formula by which a Roman action was anciently com¬menced. Adams, Rom. Ant. 242.

(Latin) In the civil and old Eng¬lish law. I call; I summon; I vouch. In jus voco te, I summon you to court; I sum¬mon you before the praetor. The formula by which a Roman action was anciently com¬menced. Adams, Rom. Ant. 242. Less...

Null; ineffectual; nugatory; having no legal force or binding effect; unable, in law, to support the purpose for which it was Intended. "Void" does not always imply entire nullity; but it is, in a legal sense, subject to large quali¬fications in view of all the circumstances calling for its application, More...

Null; ineffectual; nugatory; having no legal force or binding effect; unable, in law, to support the purpose for which it was Intended. "Void" does not always imply entire nullity; but it is, in a legal sense, subject to large quali¬fications in view of all the circumstances calling for its application, and the rights and interests to be affected in a given case. Brown v. Brown, 50 N. H. 538, 552. "Void," as used in statutes and by the courts, does not usually mean that the act or proceeding is an absolute nullity. Kearney v. Vaughan, 50 Mo. 284. There is this difference between the two words "void" and "voidable:" void means that an instrument or transaction is so nuga¬tory and ineffectual that nothing can cure it; voidable, when an imperfection or defect can be cured by the act or confirmation of him who could take advantage of it Thus, while acceptance of rent will make good a voidable lease, It will not affirm a void lease. Wharton. The true distinction between void and voidable acts, orders, and judgments is that the former can always be assailed in any proceeding, and the latter oniy in a direct proceeding. Alex¬ander v. Nelson, 42 Ala. 462. The term "void." as applicable to conveyances or other agreements, has not at all times been used with technical precision, nor restricted to its peculiar and limited sense, as contradistin¬guished from "voidable;" it being frequently introduced, even by legal writers and jurists, when the purpose is nothing further than to indicate that a contract was invalid, and not binding in law. But the distinction between the terms "void" and "voidable," in their ap¬plication to contracts, is often one of great practical importance; and, whenever entire tech¬nical accuracy is required, the term "void" can only be properly applied to those contracts that are of no effect whatsoever, such as are a mere nullity, and incapable of confirmation or ratification. Ailis v. Billings, 6 Mete. (Mass.) 415, 39 Am. Dec. 744. Void in part, void in toto. Curtis v. Leavitt 15 N. Y. 9, 96. Void things are as no things* People v. Shall, 9 Cow. (N. Y.) 778, 784. Less...

That may be avoided, or declared void; not absolutely void, or void in itself. Most of tbe acts of infants are voida¬ble only, and not absolutely void. 2 Kent Comm. 234. See Voin.

That may be avoided, or declared void; not absolutely void, or void in itself. Most of tbe acts of infants are voida¬ble only, and not absolutely void. 2 Kent Comm. 234. See Voin. Less...

The act of emptying; ejection from a benefice.

The act of emptying; ejection from a benefice. Less...

(Latin) . To speak the truth. This phrase denotes the preliminary examination which the court may make of one presented as a witness or juror, where his competency, interest, etc., is objected to.

(Latin) . To speak the truth. This phrase denotes the preliminary examination which the court may make of one presented as a witness or juror, where his competency, interest, etc., is objected to. Less...

Fr. Carriage; transporta¬tion by carriage.

Fr. Carriage; transporta¬tion by carriage. Less...

(Latin) Willing. He is said to be willing who either expressly consents or tacitly makes no opposition. Calvin. Volenti non fit injnria. He who con¬sents cannot receive an injury. Broom, Max. 268, 269, 271, 395; Shelf. Mar. A Div. 448; Wing. Max. 482 ; 4 Term R. 657. Volnit, sed More...

(Latin) Willing. He is said to be willing who either expressly consents or tacitly makes no opposition. Calvin. Volenti non fit injnria. He who con¬sents cannot receive an injury. Broom, Max. 268, 269, 271, 395; Shelf. Mar. A Div. 448; Wing. Max. 482 ; 4 Term R. 657. Volnit, sed non dixit. He willed, but be did not say. He may have Intended so, but he did not say so. A maxim frequently used in the construction of wills, in answer to arguments based upon the supposed intention of a testator. 2 Pow. Dev. 625 ; 4 Kent, Comm. 538. Less...