Legal Term Dictionary

v. To make excessive or improper use of a thing, or to employ it in a manner contrary to the natural or legal rules for its use; to make an extravagant or excessive use, as to abuse one's authority. In the civil law, the borrower of a chattel which, in More...

v. To make excessive or improper use of a thing, or to employ it in a manner contrary to the natural or legal rules for its use; to make an extravagant or excessive use, as to abuse one's authority. In the civil law, the borrower of a chattel which, in its nature, cannot be used without consuming it, such as wine or grain, is said to abuse the thing borrowed if he uses it. Less...

n. Everything which is contrary to good order established by usage. Merl. Repert. Departure from use; immoderate or improper use. Of corporate franchises. The abuse or misuse of its franchises by a corporation signifies any positive act in violation of the charter and in derogation of public right, willfully done More...

n. Everything which is contrary to good order established by usage. Merl. Repert. Departure from use; immoderate or improper use. Of corporate franchises. The abuse or misuse of its franchises by a corporation signifies any positive act in violation of the charter and in derogation of public right, willfully done or caused to be done; the use of rights or franchises as a pretext for wrongs and injuries to the public. Baltimore v. Pittsburgh, etc., R. Co., 3 Pittsb. R. (Pa.) 20, Fed. Cas. No. 827; Erie & N. E. R. Co. v. Casey, 26 Pa. 287, 318; Railroad Commission v. Houston, etc., It Co., 90 Tex. 340, 38 S. W. 750; People v. Atlantic Ave. R. Co., 125 N. Y. 513, 26 N. HJ. 622. Of judicial discretion. This term, commonly employed to justify an interference by a higher court with the exercise of discretionary power by a lower court implies not merely error of judgment but perversity of will, passion, prejudice, partiality, or moral delinquency. The exercise of an honest judgment, however erroneous it may appear to be, is not an abuse of discretion. People v. New York Cent It Co., 29 N. T. 418, 431; Stroup v. Raymond, 183 Pa. 279, 38 Atl. $26, 63 Am. St Rep. 758; Day v. Donohue, 62 N. J. Law, 380, 41 Ati. 934; Citizens' St R. Co. v. Heath, 29 Ind. App. 395, 62 N. B. 107. Where a court does not exercise a discretion in the sense of being discreet circumspect, prudent and exercising cautious judgment it is an abuse of discretion. Murray v. Buell, 74 Wis. 14, 41 N. W. 1010 ; Sharon v. Sharon 75 Cal. lf 16 Pac. 345. Of a female child. An injury to the genital organs in an attempt at carnal knowledge, falling short of actual penetration. Dawklns v. State, 58 Ala. 376, 29 Am. Rep. 754. But according to other authorities, "abuse" is here equivalent to ravishment or rape. Palin v. State, 38 Neb. 862, 5T N. W. 743; Commonwealth v. Roosnell, 143 Mass. 32, 8 N. E. 747; Chambers v. State, 46 Neb. 447, 64 N. W. 1078. Of distress. The using an animal or chattel distrained, which Snakes the distrainer liable as for a conversion. Of process. There is said to be an abuse of process when an adversary, through the malicious and unfounded use of some regular legal proceeding, obtains some advantage over his opponent Wharton. A malicious abuse of legal process is where the party employs it for some unlawful object, not the purpose which it is intended by the law to effect; In other words, a perversion of it Lauzon v. Charroux, 18 R. I. 467, 28 Atl. 976; Mayer v. Walter, 64 Pa. 283; Bartlett v. Chrlsthilf, 69 Md. 219, 14 Atl. 518; King v. Johnston, 81 Wis. 578, 51 N. W. 1011; Kline v. Hibbard, 80 Hun, 50, 29 N. Y. Supp. 807. Less...

To reach, to touch. In old law, the ends were said to abut, the sides to ad­join. Cro. Jac. 184. And see Lawrence v. Killam, 11 Kan. 499, 511; Springfield v. Green, 120 111. 269, 11 N. E. 261. Property is described as "abutting" on a street, road, etc., when More...

To reach, to touch. In old law, the ends were said to abut, the sides to ad­join. Cro. Jac. 184. And see Lawrence v. Killam, 11 Kan. 499, 511; Springfield v. Green, 120 111. 269, 11 N. E. 261. Property is described as "abutting" on a street, road, etc., when it adjoins or is adjacent thereto, either in the sense of actually touching it or being practically contiguous to it being separated by no more than a small, and inconsiderable distance, but not when another lot, a street, or any other such distance intervenes. Richards v. Cincinnati, 31 Ohio St. 506; Springfield v. Green, 120 111. 269, 11 N. E. 261; Cohen v. Cleveland. 43 Ohio St. 190, 1 N. E. 589; Holt v. Somerville, 127 Mass. 408; Cincinnati v. Batsche, 52 Ohio St. 324, 40 N. E. 21. 27 L. R A. 536; Code Iowa 1897, § 968. Less...

The ends of a bridge, or those parts of it which touch the land. Sussex County v. Strader, 18 N. J. Law, 108, 35 Am. Dec. 530.

The ends of a bridge, or those parts of it which touch the land. Sussex County v. Strader, 18 N. J. Law, 108, 35 Am. Dec. 530. Less...

(From abut, q. v.) Commonly defined "the buttings and boundings of lands, east, west north, and south, showing on what other lands, highways, or places they abut, or are limited and bounded." Cowell; Toml.

(From abut, q. v.) Commonly defined "the buttings and boundings of lands, east, west north, and south, showing on what other lands, highways, or places they abut, or are limited and bounded." Cowell; Toml. Less...

(Lat. And also.) Words used to introduce the statement of the real cause of action, in those cases where it was necessary to allege a fictitious cause of action to give the court jurisdiction, and also the real cause, in compliance with the statutes.

(Lat. And also.) Words used to introduce the statement of the real cause of action, in those cases where it was necessary to allege a fictitious cause of action to give the court jurisdiction, and also the real cause, in compliance with the statutes. Less...

(Lat. As if.) Townsh. Pl. 23, 27. These words frequently occur in old English statutes. Lord Bacon expounds their meaning in the statute of uses: '"The statute gives entry, not simpliciter, but with an ac si." Bac. Read. Uses, Works, iv. 195.

(Lat. As if.) Townsh. Pl. 23, 27. These words frequently occur in old English statutes. Lord Bacon expounds their meaning in the statute of uses: '"The statute gives entry, not simpliciter, but with an ac si." Bac. Read. Uses, Works, iv. 195. Less...

In its original meaning, an association formed for mutual improvement or for the advancement of science or art; in later use, a species of educational institution, of a grade between the common school and the college. Academy of Fine Arts v. Philadelphia County. 22 Pa. 496; Commonwealth v. Banks, 198 More...

In its original meaning, an association formed for mutual improvement or for the advancement of science or art; in later use, a species of educational institution, of a grade between the common school and the college. Academy of Fine Arts v. Philadelphia County. 22 Pa. 496; Commonwealth v. Banks, 198 Pa. 397. 48 Atl. 277; Blackwell v. State, 36 Ark. 178. Less...

In French feudal law. A species of relief; a seignorial right due on every change of a tenant. A feudal right which formerly prevailed in Languedoc and Guyenne, being attached to that species of heritable estates which were granted on the contract of emphyteusis. Guyot, Inst. Feod. C 5, § More...

In French feudal law. A species of relief; a seignorial right due on every change of a tenant. A feudal right which formerly prevailed in Languedoc and Guyenne, being attached to that species of heritable estates which were granted on the contract of emphyteusis. Guyot, Inst. Feod. C 5, § 12. Less...

An original writ out of chancery, directed to the sheriff, for the removal of a replevin suit from a hundred court or court baron to one of the superior courts. See Fitzh. Nat Brev. 18; 3 Bl. Comm. 34; 1 Tldd, Pr. 38.

An original writ out of chancery, directed to the sheriff, for the removal of a replevin suit from a hundred court or court baron to one of the superior courts. See Fitzh. Nat Brev. 18; 3 Bl. Comm. 34; 1 Tldd, Pr. 38. Less...