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. 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. 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. 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. 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. 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, ACT OF CONGRESS, judicial Page 53-111 104 21, 34, 112, 382, 391, 395, 424, 547, 550, does not authorize suits against the AFFIDAVIT, when admissible as a foundation for a commitment office of, whether established by law APPOINTMENT to office, see "Marbury v. Madison" AUTHORITY of a decision is coëxtensive with what BANK OF THE UNITED STATES- 45, 47 469-474 471 1-16 643 the first, could sue and be sued in what courts the president and directors of, liable to be sued, 113, 118 113 the second, might sue in the circuit courts of the U. S. 317, 344, 347 includes certificates given for money borrowed 397, 398 BOND, may be void in part, and valid in part 402, 403 354 post-office, act of Congress concerning 355 474,477 479, 481 481 is an admission that it is given for a debt, and need not show CARRIAGES, the tax, or duty, laid on, by the act of Congress, CHARTER, a contract 490 207 colonial charters by the king of Great Britain, their purport 428 420 on whom to be served, and how and when to be returned 420 president COMMISSION of officers of the United States, to be signed by the . CONGRESS, of the colonies, - authority, power, and acts of of the confederation of the United States, the powers conferred on it by 3, 4 9 6, 10 443 444 444 may regulate passenger vessels, as well as others 309 529 CONSTITUTION of the U. States, when the government under, com- Page 219 526, 532 449 608 288-291, 352, 356, 593 615 of a statute giving discretionary power CONTRACT, is what 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 binds the parties to the extent of their stipulation 208-210 646 481 the motives and the objects of, how far necessary to be expressed 478 if legal on its face, and importing a consideration, it is 480 of an immoral character cannot be enforced 630 46 |