Imagens da página
PDF
ePub

GLOSSARY.

ACTION ON THE CASE.

- A general action given for redress of wrongs and injuries, done without force, and not particularly provided against by law, in order to have satisfaction for damage.

ASSUMPSIT. Is taken for a voluntary promise, by which a man assumes or takes upon him to perform or pay anything to another. An aciton upon the case on assumpsit is an action the law gives the party injured by the breach or non-performance of a contract either express or implied. CHOSE IN ACTION. A cause of suit for any debt, duty, or wrong. CORAM NON JUDICE. - When a cause is brought and determined in a court, whereof the judges have not any jurisdiction, it is said to be coram non judice, and void.

[ocr errors]

DEMURRER. An issue upon matter of law. It confesses the facts to be true, as stated by the opposite party; but denies, that, by the law arising upon those facts, any injury is done to the plaintiff, or that the defendant has made out a lawful excuse, according to the party which first demurs, (Fr. demeurer) that is, rests or abides in law upon the point in question. DETINUE. An action for something detained; it is for the specific thing, and not merely for its value.

[ocr errors]

DISTRAIN. - To distrain is to seize legally certain property, to force payment of a debt. To attach is to take certain property, to sell it, and so pay the debt; to distrain or distress is to act upon the debtor by distressing him, he having the right, under certain regulations, to redeem or replevy the property seized; if he does not do this, it is sold.

EJECTMENT. - An action by which one seeks to eject or oust another from land which he claims.

ERROR, WRIT OF.- - See pp. 221 and 246.

EX PARTE PROCEEDINGS.

See p. 33.

[blocks in formation]

INDENTS. A writing containing some contract or conveyance between two or more persons, so called from being cut or indented at the top or side in such a manner as to tally or correspond with another writing having the same contents; the object of the indentation being to prevent forgery. INJUNCTION. - See p. 287.

IN PAIS.

This term means in the country, and refers to the transfer of property by deed, made, by the old law, on the spot. INTERLOCUTORY.

An interlocutory judgment or decree is one which is given on some point intermediate or incidental to the main question at issue. Also, an incomplete judgment, whereby the right of the plaintiff

to recover is established, but the amount of damages is left to be ascertained by a jury.

LIBEL.To libel a vessel is to secure her, or attach her, for some claim; under the libel the court holds her until it is determined whose property she is.

[merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small]

PLEADINGS.-When a man begins a suit he declares his cause of action; the one sued then pleads his ground of defence, and so on; the various papers which thus declare and plead are called the pleadings in the

case.

QUI TAM ACTION. - An action brought by an informer for himself and the public. REPLEVIN.

An action brought to recover goods and chattels unlawfully taken from the possession of the plaintiff, in which he has a general or special property.

[merged small][merged small][ocr errors][merged small][merged small][merged small]

SOUNDING IN DAMAGES. An action claiming damages for something injured or retained, and not the thing itself, is said to sound in damages. SPECIAL VERDICT. - A general verdict says, "Guilty" or "Not guilty;" a special verdict says, "We find such and such facts, if the law be so and so, then he is guilty," or, "he should pay," as the case may be. TRAVERSABLE. That is traversable which may be denied in legal form, so as to raise a jury-question.

TROVER. An action claiming the value of property which the claimant says was found (Fr. trouver).

VENIRE FACIAS DE NOVO.- A new trial.

INDEX.

ACCESSORY, see "United States v. Burr "

cannot be tried till the principal has been convicted,
unless by special provision by statute, or by his own
request

ACT OF CONGRESS, judicial

Page

53-111

104

21, 34, 112, 382, 391, 395, 424, 547, 550,
571, 690

does not authorize suits against the

[merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small]

AFFIDAVIT, when admissible as a foundation for a commitment
AGENT for fortifications, see "The United States v. Maurice et al."

office of, whether established by law
duties of

APPOINTMENT to office, see "Marbury v. Madison"

AUTHORITY of a decision is coëxtensive with what

BANK OF THE UNITED STATES-

45, 47
465

469-474

471

1-16

643

the first, could sue and be sued in what courts

the president and directors of, liable to be sued,
when, and in what courts

113, 118

113

the second, might sue in the circuit courts of the U. S. 317, 344, 347

[blocks in formation]
[blocks in formation]

includes certificates given for money borrowed 397, 398
is not a valuable consideration for a note

BOND, may be void in part, and valid in part

402, 403

354

post-office, act of Congress concerning
remedy upon, when given by officers of the United States
may be taken with sureties, when

355

474,477
479

479,

481

[ocr errors]

481

is an admission that it is given for a debt, and need not show
how the debt is contracted
though a bond should not be obligatory as an official bond, a
suit may be maintained on it to coërce the payment of money

CARRIAGES, the tax, or duty, laid on, by the act of Congress,
June 5, 1794, was not a direct tax

CHARTER, a contract

490

207

colonial charters by the king of Great Britain, their purport 428
CITATION to bring a party before the supreme court of the United
States, by whom to be signed

420

on whom to be served, and how and when to be returned

420

[blocks in formation]

president

COMMISSION of officers of the United States, to be signed by the

.

[merged small][merged small][ocr errors]

CONGRESS, of the colonies, - authority, power, and acts of

of the confederation

of the United States, the powers conferred on it by
the constitution

3, 4

9

6, 10

443

444

444

may regulate passenger vessels, as well as others
the duty of, in relation to the judicial department

309

529

CONSTITUTION of the U. States, when the government under, com-

[merged small][ocr errors][ocr errors][merged small]

Page

219

526, 532

449

608

[merged small][merged small][ocr errors]
[merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][ocr errors][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][ocr errors][merged small][ocr errors][merged small][merged small][merged small][ocr errors][merged small]

288-291, 352, 356, 593

615

of a statute giving discretionary power
of 25th Sec. of the judicial act of the U. States 690

CONTRACT, is what
implied

a grant is a contract executed

the charter of a corporation is a contract

135, 151, 190, 627, 645

478, 482, 652

135

207

an alteration of such charter, without the consent of
the corporation, is a violation of the obligation of
this contract

binds the parties to the extent of their stipulation
may refer to another instrument, or to a law, for the
specification of duties to be performed

208-210

646

481

[ocr errors]

the motives and the objects of, how far necessary to be

expressed

478

if legal on its face, and importing a consideration, it is
obligatory till the contrary is shown

480

of an immoral character cannot be enforced

630

46

« AnteriorContinuar »