Legal Term Dictionary

L. Lat. In old pleading. Comes' and defends. The proper words of appearance and defense in an action. 1 Ld. Raym. 11

L. Lat. In old pleading. Comes' and defends. The proper words of appearance and defense in an action. 1 Ld. Raym. 11 Less...

L. Latin In old pleading. Comes and says. 2 Salk. 544.

L. Latin In old pleading. Comes and says. 2 Salk. 544. Less...

In French law. Sale; contract of sale. —Vente a remere. A conditional. sale, in which the seller reserves the right to redeem or repurchase at the same price.

In French law. Sale; contract of sale. —Vente a remere. A conditional. sale, in which the seller reserves the right to redeem or repurchase at the same price. Less...

The belly or womb. The term is used in law as designating the maternal parentage of children. Thus, where in ordinary phraseology we should say that A. was B.'s child by his first wife, he would be described in law as "by the flrst venter:1 Brown.

The belly or womb. The term is used in law as designating the maternal parentage of children. Thus, where in ordinary phraseology we should say that A. was B.'s child by his first wife, he would be described in law as "by the flrst venter:1 Brown. Less...

In old English law. A writ that lay for an heir presumptive, to cause an examination to be made of the widow in order to determine whether she were pregnant or not, in cases where she was suspected of a design to bring forward a suppositious heir. 1 Bl. Comm. More...

In old English law. A writ that lay for an heir presumptive, to cause an examination to be made of the widow in order to determine whether she were pregnant or not, in cases where she was suspected of a design to bring forward a suppositious heir. 1 Bl. Comm. 456. Less...

In pleading and practice. A neighborhood; the neighborhood, place, or county In which an injury is declared to have been done, or fact declared to have happened. 3 Bl. Comm. 294. Venue also denotes the county in which an action or prosecution is brought for trial, and which is to More...

In pleading and practice. A neighborhood; the neighborhood, place, or county In which an injury is declared to have been done, or fact declared to have happened. 3 Bl. Comm. 294. Venue also denotes the county in which an action or prosecution is brought for trial, and which is to furnish the panel of jurors. To "change the venue" is to transfer the cause for trial to another county or district. See Moore v. Gardner, 5 How. Prac! (N. Y.) 243; Armstrong v. Emmet, 16 Tex. Civ. App. 242, 41 S. W. 87; Sullivan v. Hall, 86 Mich. 7, 48 N. W. 646, 13 L. R. A. 556; State v. McKinney, 5 Nev. 198. In the common-law practice, the venue is that part of the declaration in an action which designates the county in which the ac¬tion is to be tried. Sweet. —Local venue. In pleading. A venue which .mast be laid fn a particular county. When the actiori could have arisen only in a particular county, it is local, and the venue must be laid in that county. 1 Tidd, Pr. 427. Less...

L. Fr. True. An old form of vraL Thus, reray, or true, tenant, is one who holds in fee-simple; veray tenant by the manner, is the same as tenant by the man¬ner, (q. v.t) with this difference only: that the fee-simple, instead of remaining in the lord, is given by More...

L. Fr. True. An old form of vraL Thus, reray, or true, tenant, is one who holds in fee-simple; veray tenant by the manner, is the same as tenant by the man¬ner, (q. v.t) with this difference only: that the fee-simple, instead of remaining in the lord, is given by him or by the law to an¬other. Ham. N. P. 393, 394. Less...

Lat. (Plural of verbs.) Words. Verba cancellariss. Words of the chancery. The technical style of writs framed in the office of chancery. Fleta. lib. 4. c. 10. § 3. —Verba precaria. In the civil law. Precatory words; words of trust, or used to create a trust. Verba aeeipienda sunt cunt More...

Lat. (Plural of verbs.) Words. Verba cancellariss. Words of the chancery. The technical style of writs framed in the office of chancery. Fleta. lib. 4. c. 10. § 3. —Verba precaria. In the civil law. Precatory words; words of trust, or used to create a trust. Verba aeeipienda sunt cunt effectu, nt sortiantur effeetum. Words are to be received with effect, so that they may produce effect. Bac. Max. Verba aeeipienda snnt secundum sub-jeetam materiam. 6 Coke, 62. Words are to be understood with reference to the subject-matter. Verba s&quivoea, ac in dubfto sensu posita, intelliguntur digniori et poten-tiori sensu. Equivocal words, and such as are put In a doubtful sense, are [to be] un-derstood in the more worthy and effectual sense. 6 Coke, 20a. Verba aliquid operari debent; debent intelligi ut aliquid operentur. 8 Coke,9.. Words ought to have some operation; they ought to be interpreted in such a way as to have some operation. Verba artis. en arte. Terms of art should be explained from the art. 2 Kent, Comm. 556, note. ¦ Verba ehartarum fortius accipiuntur contra proferentem. The words of charters are to be received more strongly against the grantor. Co. Litt. 36; Broom, Max. 54. Verba eum effeotu aeeipienda sunt. Bac. Max. 3. Words ought to be used so as to give them their effect. Verba currentis monetae, tempns so-lutionis designant. Dav. 20. The words "current money" designate current at the time of payment. Verba debent intelligi eum effeetu, nt res magis valeat qnam pereat. Words ought to be understood with effect, that a thing may rather be preserved than destroy¬ed. 2 Smith, Lead Cas. 530.Verba debent intelligi ut aliquid ope-rentur. Words ought to be understood so as to have some operation. 8 Coke, 94a. Verba dieta de persona intelligi do-bent de condltione personse. WorAs spoken of a person are.to be understood of the condition of the person. 2 Rolle, 72. Verba fortius accipiuntur oontra pro-ferentem. Words are to be taken most strongly against him who uses them. Bac. Max. 11, reg. 3. Verba generalia generaliter snnt in-telligemla. 3 Inst 76. General words are to be generally understood. Verba generalia restringuntur ad hn-bilitatem rei vel aptltudinem persons. General words must be narrowed either to the nature of the subject-matter or -to the aptitude of the person. Broom, Max. 646. Verba illata (relate) inesse videntur. Words referred to are to be considered as if incorporated. Broom, Max. 674, 677; 11 Mees. A W. 183. Verba in different! materia per prius, mon per posterius, intelllgenda sunt. Words on a different subject are to be understood by what precedes, not by what comes after. A maxim of the civil law. Calvin. Verba intelligenda snnt in easn pos-sibill. Words are to be understood in [of] a possible case.. A maxim of the civil law. Calvin. Verba intention!, non e oontra, de¬bent inservire. 8 Coke, 94. Words ought to be made subservient to the Intent, not the Intent to the words. Verba ita sunt intelligenda, ut res magis valeat qnam pereat. The words [of an instrument] are to be so understood, that the subject-matter may rather be of force than perish, [rather be preserved than destroyed; or, in other words, that the instrument may have effect, if possible.] Bac. Max. 17, in reg. 3; Plowd. 156; 2 Bl. Comm. 380 ; 2 Kent, Comm. 555. Verba mere saquivoea, si per eommn-nem usum loquendi in intelleetn eerto sammuntnr, talis intelleetus praeferen-dus est. [In the case of] words merely equivocal, if they are taken by the common usage of speech in a certain sense, such sense is to be preferred. A maxim of the civil law. Calvin. Verba nihil operari melius est quam absurde. It is better that words should have no operation at all than [that they, should operate] absurdly. A maxim of the civil law. Calvin. Verba non tam intuenda, quam eansa et natura rei, ut mens eontrahentium ez els potins quam ez verbis appareat. The words [of a contract] are not so much to be looked at as the cause and nature of the thing, [which is the subject of it,] in order that the Intention of the contracting parties may appear rather from them than from the words. Calvin. Verba offend! possunt, imo ab eis re-eedere Meet, ut verba ad sanum intellec-tual reducantur. Words may be opposed, [taken in a contrary sense,] nay, we may dis-regard them altogether, in order that the [general] words [of an Instrument] may be restored to a sound meaning. A maxim of the civilians. Calvin. Verba ordinationis quando verinoari possunt in sna vera signineatione, trahi ad eztranenm intelleetum non debent. When the words of an ordinance can be car-ried into effect in their own true meaning, they ought not to be drawn to a foreign intendment A maxim of the civilians. Calvin. Verba posteriora propter eertitndinem addlta, ad priora qua certitudine indigent, sunt referenda.' Subsequent words, added for the purpose of certainty, are to be referred to the preceding words which re¬quire the certainty. Wing. Max. 167, max. 53; Broom, Max. 586. Verba pro re et subjecta materia ao-e!p! debent. Words ought to be understood in favor of the thing and subject-matter. A maxim of the civilians. Calvin. Verba quae aliquid operari possunt non debent esse superflua. Words which can have any kind of operation ought not to be [considered] superfluous. Calvin. Verba, quantum vis generalia, ad apti-,tudinem restringantur, etiamsi nnllam aliam paterentur restrictionem. Words, howsoever general, are restrained to fitness, (i. e.j to harmonize with the subject-matter,) though they would bear no other restriction. Splegellus. Verba relate hoo maxime operantur per referentiam, nt in eis inesse videm- tur. Related words [words connected with others by reference] have. this particular operation by the reference, that they are considered as being inserted in those [clauses which refer to them.] Co. Litt. 9b, 359a. Words to which reference is made in an instrument have the same effect and operation as if they were inserted in the clauses referring to them. Broom, Max. 673. Verba secundum materiam subjeetam intelligi nemo est qui neseiat. There Is no one who does not know that words are to be understood according to their subject-matter. Calvin. Verba semper aeeipienda sunt in mitiori sensu. Words are always to be taken in the milder sense. 4 Coke, 13a. Verba strietss signification!* ad latam extendi possunt, si subsit ratio. Words of a strict or narrow signification may be extended to a broad meaning, if there be ground in reason for it. A maxim of the civilians. Calvin. Verba snnt indices animi. Words are the Indices or indicators of the mind or thought. Latch, 106. Less...

Parol; by word of mouth; oral; as, verbal agreement, verbal evidence; or written, but not signed, or not executed with the formalities required for a deed or prescribed by statnte in particular cases. Musgrove v. Jackson, 59 Miss. 390.—Verbal note. A memorandum or note, in diplomacy, not signed, sent when More...

Parol; by word of mouth; oral; as, verbal agreement, verbal evidence; or written, but not signed, or not executed with the formalities required for a deed or prescribed by statnte in particular cases. Musgrove v. Jackson, 59 Miss. 390.—Verbal note. A memorandum or note, in diplomacy, not signed, sent when an affair has continued a long time without any reply, in order to avoid the appearance of an urgency which perhaps is not required; and, on the other hand, to guard against the supposition that it is forgotten, or that there is an intention of not prosecuting it any further. Wharton.—Verbal process. In Louisiana. Proces verbal, (q. v.) Verbis standunt nbi nnlla ambignitas. One must abide by the words where there is no ambiguity. Tray. Lat. Max. 612. Verbnm imperfect! temporis rem ad-bne imperfectam signincat. The imperfect tense of the verb indicates an incomplete matter. Mactier v. Frith, 6 Wend. (N. Y.) 103, 120, 21 Am. Dec. 262. Less...

An officer of the king's forest, who is sworn to maintain and keep the assizes of the forest, and to view, receive, and enroll the attachments and presentments of all manner of trespasses of vert and veni¬son in the forest. Manw. c. 6, | 5.

An officer of the king's forest, who is sworn to maintain and keep the assizes of the forest, and to view, receive, and enroll the attachments and presentments of all manner of trespasses of vert and veni¬son in the forest. Manw. c. 6, | 5. Less...