Misdirection
Misdirection. In Practice. An Error Made By A Judge In Charging The Jury In A Special Case. 2. It Is A Rule, Subject To The Qualifica Tions Hereafter Stated, That When The Judge At The Trial Misdirects The Jury On Matters Of Law Material To The Issue, Whatever May Be ...
Misjoinder
Misjoinder. In Pleading. The Im Proper Union Of Parties Or Causes Of Action In One Suit At Law Or In Equity. Of Actions. The Joining Several Demands Which The Law Does Not Permit To Be Joined, To Enforce By One Proceeding Several Distinct, Substantive Rightsof Recovery. Gould, Plead. C.1, 98 ...
Misrepresentation
Misrepresentation. The State Ment Made By A Party To A Contract That A Thing Relating To It Is In Fact In A Particular Way, When Be Knows It Is Not So. 2. The Misrepresentation Must Be Both False And Fraudulent In Order To Make The Party Making It Responsible To ...
Mission Award
Mission; Award. At Common Law It Was Either In Pais,—that Is, By Simple Agreement•of The Parties,—or By The Intervention Of A Court Of Law Or Equity. The Latter Was Called Arbitration By Rule Of Court. 3 Blackstone, Comm. 16. Besides Arbitration At Common Law, There Exists Arbitration, In England As ...
Mississippi
Mississippi. The Name Of One Of The New States Of The United States. 2. This State Was Admitted Into The Union By A Resolution Of Congress Pasmd Dec. 10, 1817. 3 Story, U. S. Laws, 1716. The Constitution Of This Etate Was Adopted At The Town Of Washington, The 15th ...
Missouri
Missouri.- Within The State ; Before A Court Hav Ing A Seal, Or Before A Judge, Justice, Or Clerk There Of, A Notary Public, Or Some Justice Of The Peace For The County Where The Land Lies. Without The State, And Within The United States, By Any Notary Publio, Or ...
Mistake
Mistake. Smine Unintentional Act, Omission, Or Error Arising From Ignorance, Sur Prise, Imposition, Or Misplaced Confidence. Story, Eq. Jur. 110. That Result Of Ignorance Of Law Or Fact Which Has Misled A Person To Commit That Which, If He Had Not Been In Error He Would Not Have Done. Jeremy, ...
Monarchy
Monarchy. That Government Which Is Ruled, Really Or Theoretically, By One Man, Who Is Wholly Set Apart From All Other Mem Bers Of The State. 2. A Wording To The Etymology Of The Word Mon Archy Is, That Government In Which One Person Rules Supreme,—alone. In Modern Times The Teruis ...
Money
Money. The Franc. It Weighs Five Grammes. It Is Made Of Nine-tenths Of Silver, And One Tenth Of Copper. Its Tenth Part Is Called A Decime, And Its Hundredth Part A Centime. One Measure Being Thus Made The Standard Of All The Rest, They Must Be All Equally In Variable ...
Money H Ad And
Money H Ad And Received. In Pleading. The Technical Designation Of A Form Of Declaration In Assumpsit, Wherein The Plaintiff Declares That The Defendant Had And Received Certain Money, Etc. 2. An Action Of Assumpsit Will Lie To Re Cover Money To Which The Plaintiff Is Entitled, And Which In ...
Money_2
Money. Gold And Silver Coins. The Common Medium Of Exchange In A Civilized Nation. There Is Some Difference Of Opinion As To The Etymology Of The Word Money ; And Writers Do Not Agree As To Its Precise Meaning. Sorue Writers De Fine It To Be The Common Medium Of ...
Monition
Monition. In Practice. A Process In The Nature Of A Summons, Which Is Used In The Civil Law, And In Those Courts Which De= Rive Their Practice From The Civil Law. See Benedict, Adm. A General Monition Is A Citation Or Sum Mons To All Persons Interested, Or, As Is ...
Mont H
Mont H. A Space Of Time Variously Computed, As It Is Applied To Astronomical, Civil Or Solar, Or Lunar Months. The Astronomical Month Contains One Twelfth Part Of The Time Employed By The Sun In Going Through The Zodiac. In Law, When A Month Simply Is Mentioned, It Is Never ...
Monument
Monument. A Thing Intended To Transmit To Posterity The Memory Of Some One A Tomb Where A Dead Body Has Been Deposited. In Thie Sense It Differs From A Cenotaph, Which Is An Empty Tomb. Dig. 11. 7. 2. 6; 11.7. 2. 42. Coke Says That The Erecting Of Monuments ...
More Or
More Or Lpss. Words, In A Convey Ance Of' Lands Or Contract To Convey Lands, Importing That The Quantity Is Uncertain And Not Warranted, And That No Right Of Either Party Under The Contract Shall 'he Affected By A Deficiency Or Excess In The Quantity. 17 Ves. Ch. 394 ; ...
Mortgage
Mortgage. The Conveyance Of An Estate Or Property By Way Of Pledge For The Security Of Debt, And To Become Void On Pay Ment Of It. 4 Kent, Comm. 136. An Estate Created By A Conveyance Absolute In Its Form, But Intended To Secure The Per Formance Of Some Act, ...
Mother
Mother. A Woman Who Has Borne A Child. 2. It Is Generally The Duty.of A Mother To Support Her Child, When She Is Left A Widow, Until He Becomes Of Age Or Is Able To Main Tain Himself, 8 Watts, Penn. 366 ; 16 Mass. 135 • 3 N. H. ...
Mur De R
Mur De R. In Criminal Law. The Wilful Killing Of Any Subject Whatever, With Malice Aforethought, Whether The Person Slain Shall Be An Englishman Or A Foreigner. Haw Kins, Pl. Cr. B. 1, N. 13, S. 3. Russell Says, The Killing Of Any Person Under The King's Peace, With Malice ...
Mutatis Mutandis
Mutatis Mutandis (lat.). The Ne Cessary Changes. This Is A Phrase Of' Frequent Practical Occurrence, Meaning That Matters Or Things Are Generally The Same, But To Be Altered When Necessary, As To Names, Offices, And The Like. Mute (nzutus). When A Prisoner Upon His Arraignment Totally Refuses To Answer, In ...
Mutiny
Mutiny. In Criminal Law. The Unlawful Resistance Of' A Superior Officer, Or The Raising Of Commotions And Disturbances On Board Of A Ship Against The Authority Of Its Commander, Or In The Army In Opposition To The Authority Of Tbe Officers ; A Sedition ; A Revolt. 2. By The ...
Name
Name. One Or More Words Used To Dis Tinguish A Particular Individual: As, Socrates, Benjamin Franklin. 2. Names Are Christian, As Benjamin, Or Surnames, As Franklin. One Christian Name Only Is Recognized In Law, 1 Ld. Raym. 562 ; Bacon, Abr. Misnomer (a) ; Though Two Or More Names Usually ...
Navigable
Navigable. Capable Of Being Navi Gated. 2. In Its Technical Sense, The Term Navi Gable, At Common Law, Is Only Applied To The Sea, To Arms Of The Sea, And To Rivers Which Flow And Reflow With The Tide,—in Other Words, To Tide-waters, The Bed Or Soil Of Which Is ...
Navigation
Navigation Ruin. Lamps Or Lights Placed In Lighthouses, Or Other Conspicuous Positions, As Aids To Navi Gation At Night. See Navigation Rules. Civil Remedies. In General, By The Theory And Early Practice Of The Common Law, A Party Who Had Any Legal Ground Of Complaint Against Another Might Call The ...
Ne Exeat Republica
Ne Exeat Republica (lat.). In Practice. The Name Of A Writ Issued By A Court Of Chancery, Directed To The Sheriff, Reciting That The Defendant In The Case Is Indebted To The Complainant, And That He Designs Golng Quickly Into Parts Without The State, To The Damage Of The Complainant, ...
Nebraska
Nebraska. One Of The Territories Of The United States. The Territory Was Erected By Act Of Congress, Ap Proved May 30, 1854. It Includes All That Por Tion Of The Territory Of The United States Included In The Following Boundaries : Beginning At A Point In The Missouri River Where ...
Nebraska
Nebraska.- Within This Territory ; Before Some Court Having A Seal, Or Some Judge, Justice, Or Clerk Thereof, Or Some Justice Of The Peace, Or Notary Pub Lic.* Without The Territory; Before A Nebraska Com Missioner, Or Before Some Officer Authorized, By The Laws Of The State Or Country Where ...
Necessaries
Necessaries. Such Things As Are Proper And Necessary For The Sustenance Of Man. 2. The Term Necessaries Is Not Confined Merely To What Is Requisite Barely To Support Life; But Includes Many 3f The Conveniences Of Refined Society. It Is A Relative Term, Which Must Be Applied To The Circumstances ...
Negligence
Negligence. Want Of Due Diligence. 2. As To The Amount Of Diligence Required In Case Of Bailments, And For The General Prin Ciples Of The Division Of Negligence Into De Grees, See Bailment ; Fraud. In General, A Tiarty Who Has Caused An Injury Or Loss To Another By His ...
Neutrality
Neutrality. The State Of A Nation Which Takes No Part Between Two Or More Other Nations At War With Each Other. 2. Neutrality Consists In The Observance Of A Strict And Honest Impartiality, So As Not To Afford Advantage In The War To Either Party, And Particularly In So Far ...
New Assignment
New Assignment. A Ment Of The Cause Of Action By The Plaintiff, With More Particularity And Certainty, But Consistently With The General Statement In The Declaration. Stephen, Plead. 241 ; 20 Johns. N. Y. 43. 2. Its Purpose Is To Avoid The Effect Of An Evasive .plea Which Apparently Answers ...
New Brunswick
New Brunswick. A Province Of British North America. 2. It Is Bounded North By The River Reatigouche And The Bay Of Chaleur, East By The Gulf Of St. Law Rence, South By Nova Scotia And The Bay Of Fundy, And West By The State Of Maine. Its Length From North ...
New Hampshire
New Hampshire. The Name Of One Of The Original Thirteen United States Of America. 2. It Was Subject To Massachusetts From 1641 To 1680. Many Of Its Institutions An'd Laws Are To Be Traced To That Connection. It Was Governed As A Provinoe, Under Royal Commissions, By A Governor And ...
New Jersey
New Jersey. The Naine Of One Or Vat Original Thirteen States Of The United States Of America. 2. The Territory Of Which The State Is Composed Was Included Within The Patent Granted By Charles . Ii. To His Brother James, Duke Of York, Bearing Date On The 12th Of March ...
New Mexico
New' Mexico. One Of The Territories Of The United States. 2. By Act Of Oongress, Approved September 9,1850, The Territory Of New Mexioo Is Ormstitutad And De Scribed As "all That Territory Of The United States Beginning At Thc Point In The Colorado River Where The Boundary With The Republio ...
New Trial
New Trial. In Practice. A Re-hear Ing Of The Legal Rights Of The Parties, Upon Disputed Facts, Before Another Jury, Granted By The Court On Motion Of The Party Dissatis Fied With The Result Of The Previous Trial, Upon A Proper Case Being Presented For The Pur Pose. 4 Chitty, ...
New York
New York. -within The State; Before A Justice Of The Supreme Court, A County Judge, Surrogate, Mayor, Or Recorder Of A City, Justice Of The Peace Of A Town, Commissioner Of Deeds For A City Or County, Or Notary Publio. 1 Rev. Stat. 756, 4; Laws Of 1840, 187, C. ...
Newly Discovered Evidence
Newly Discovered Evidence. In Practice. Proof Of Some New And Ma Terial Fact In The Case, Which Has Been Ascer Tained Since The Verdict. The Discovery Of Such Evidence Will Afford A Ground For A New Trial; But Courts Only Inter Fere With Verdicts For This Cause Under Very Special ...
Nisi Prius
Nisi Prius (lat. Unless Before). In Practice. For The Purpose Of Holding Trials By Jury. Important Words In The Writ (venire) Directing The Sheriff To Summon Jurors For The Trial Of Causes Depending In The Superior Courts Of Law In England, Which Have Come To Be Adopted, Both In England ...
Nolle Prosequi
Nolle Prosequi. In Practice. An Entry Made On The Record, By Which The Prosecutor Or Plaintiff Declares That He -will Proceed No Further. 2. A None Prosequi May Be Entered Either In A Criminal Or A Civil Case. In Crinzinal Cases, Before A Jury Is Irnpanelled To Try An Indictment, ...
North
North The State; Before A Judge Of The Supreme Or Superior Court, Or In The County Court Of The County Where The Estate Is Situ Ated, Or Before The Clerk Of Such Court Or His Deputy,. Rev. Code (1855), 239, 2. Without The State; By A Commissioner Appointed For The ...
North Carolina
North Carolina. The Name Of One Of The Original States Of The United States Of America. 2. The Territory Which Now Forms This State Was Included In The Grant Made In 1663 By Charles Ii., To Lord Clarendon And Others, Of A Much More Ex Tensive Oountry. The Boundaries Were ...
Not Guilty
Not Guilty. In Pleading. The General Issue In Several Sorts Of Actions. 2. In Trespass, Its Form Is As Follows: "and The Said C D, By E F, His Attorney, Comes And Defends The Force And Injury, When, Etc., And Says That He Is Not Guilty Of The Said Trespasses ...
Notary Public Notary
Notary, Notary Public. An Officer Appointed By The Executive Or Other Appointing Power, Under The Laws Of Different States. 2. Notaries Are Of Ancient Origin : They Existed In Rome During The Republic, And Were Called Tabelliones Fbrenses, Or Pers.° No Publicce. Their Employment Consisted In The Drawing Up Of ...
Notes
Notes; Burge, Ross, Theobald, On Suretyship; Fell, On Guaranty ; Pitman, On Principal And Surety ; Browne, Statute Of Frauds ; Addi Son, Chitty, Newland, Parsons, Shaw, Smith, Story, Verplanck, On Contracts ; Burge, Story, Conflict Of Laws; Adams, Story, Eq. Jur.; Dixon, Subrogation ; Bouvier, Institutes ; Blackstone, Kent, ...
Notice
Notice. The Information Given Of Some Act Done, Or The Interpellation By Which Some Act Is Required To Be Done. Knowledge: As, A Had Notice That B Was A Slave. 5 How. 216 ; 7 Penn. Law Journ. 119. Actual Notice Exists When Knowledge Is Actually Brought Home To The ...
Notice Of Dishonor
Notice Of Dishonor. A Notice Given To A Drawer Or Indorser Of A Bill, Or An Miorser Of A Negotiable Note, By A Subsequent Party, That It Has Been Dishonored Either By Non-acceptance In The Case Of A Bill, Or By Non-payment In The Case Of An Accepted Bill Or ...
Notice To Produce Papers
Notice To Produce Papers In Practice. When It Is Intended To Give Secondary Evidence Of A Written Instrument Or Paper Which Is In The Possession Of The Op Posite Party, It Is, In General, Requisite To Give Him Notice To Produce The Same On The Trial Of The Cause, Before ...
Notice To Quit
Notice To Quit. A Request From A Landlord To His Tenant To Quit The Premises Leased, And To Give Possession Of The Same To Him, The Landlord, At A Time Therein Men Tioned. 3 Wend. N. Y. 337, 357 ; 7 Halst. N. J. 99. 2. The Form Of The ...
Nova Scotia
Nova Scotia. A Province Of British North Amdrica. It Includes Nova Scotia Proper, A Peninsula Two Hundred And Eighty Miles Long And From Fifty To One Hundred Milts Wide, Trending E.n.e., And Con Nected With The Province Of New Brunawiok By An Isthmus Only Eight Miles Wide In Its Widest ...
Novation
Novation (from Lat. Novare, Novus, New). The Substitution Of A New Obligation For An Old One, Which Is Thereby Extinguished. In Civil Law. There Are Three Kinds Of Novation. 2. First, Where The Debtor And Creditor Remain The Same, But A New Debt Takes The Place Of The Old One. ...
Novels
Novels, Novell/e Constitu Tiones. In Civil Law. The Name Given To The Constitutions Or Laws Of Justinian And His Immediate Successors, Which Were Promulgated Soon After The Code Of Jus Tinian. 2. It Appears To Have Been The Intention Of Justinian, After The Completion Of The Second And Revised Edition ...
Nuisance
Nuisance. Any Thing That Unlawfully Worketh Hurt, Inconvenience, Or Damage. 3 Blackstone, Comm. 5, 216. The Element Of Illegality Should Be Added To The Definition As Given Above; For Many Acts Which Work Hurt, Inoonvenience, Or Damage, When Legalized Cease To Be Nuisances. For Example, If A Corpora Tion Obstruct ...
Nullity Of Marriage
Nullity Of Marriage. The Re Quisites Of A Valid And Binding Marriage Lia,ve Been Considered In The Article On That Subject. If Any Of These Requisites Are Wanting In A Given Ease, The. Marriage Is Either Absolutely Void, Or Voidable At The Election Of One Or Both Of The Parties. ...
Oatfi In Litem
Oatfi In Litem. An Oath Which In The Civil Law Was Deferred To The Complainant As To The Value Of The,thing In Dispute, On Fail Ure Of Other Proof, Particularly When There Was A Fraud On The Part Of The Defeodant And He Suppressed Proof In His Possession. See Greenleaf, ...
Oath
Oath. An Outward Pledge Given By The Person Taking It That His Attestation Or Pro Mise Is Made Under An Immediate Sense Of His Responsibility To God. Tyler, Oaths, 15. The Term Has Been Variously Defined: As, "a Solemn Invocation Of The Vengeance Of The Deity Upon The Witness If ...
Oath
Oath. Persons Infamous, I.e. Those Who Have Com Mitted And Been Legally Convicted Of Crimes The Niiture And Magnitude Of Which Show Them To Be Insensible To The Obligation Of An Oath. See Infamy. Such Crimes Are Enu Merated Under The Heads Of Treason, Felony, And The Crimen Falsi. 1 ...
Obligatio
Obligatio. In Roman Law. A Legal Bond Which Obliges Us To The Perform Ance Of Something In Accordance With The Law Of The Land. Ortolan, Inst. 2, 1179. It Corresponded Nearly To Our Word Contract. Justinian Says, " Obligatio Est Finis Vinculum, Quo Necessitate Adstringimur Alicujus Solvendce Rei, Secundum Noserce ...
Obligation
Obligation (from Lat. Obligo, Lig°, To Bind). A Duty. A Tie Which Binds Us To Pay Or Do Some Thing Agreeably To The Laws And Customs Of The Country In Which The Obligation Is Made. Inst. 3. 14. A Bond Containing A Penalty, With A Con Dition Annexed, For The ...
Of Contracts
Of Contracts. Express Contracts Are Those In Which The Terms Of The Contract Or Agreement Are Openly And Fully Uttered And Avowed At The Time Of Making : As, To Pay A Stated Price For Certain Specified Goods ; To Deliver An Ox, Etc. 2 Blackstone, Comm. 443. 10. Gratuitous ...
Of Surrender Under Treaties
Of Surrender Under Treaties. 3. The Treaties Enumerate The Crimes For Which Persons May Be Surrendered, And In Some Other Particulars Limit Their Own Ap Plication. They Also Contain Some Provisions Relating To The Mode Of Procedure ; But, As It Was Doubted Whether Such Stipulations Had The Force Of ...
Of Surrender Under The
Of Surrender Under The Federal Tion And Laws. I. In Art. Iv. Sec. 2, Of The Constitution, It Isprovided That "a Person Charged In Any State With Treason, Felony, Or Other Crime, Who Shall Flee From Justice And Be Found In Another State, Shall, On Demand Of The Execu Tive ...
Office
Office. A Right To Exercise A Public Function Or Employment, And To Take The Fees And Emoluments Belonging To It. Shelford, Mortm. 797 ; Cruise, Dig. Index ; 3 Serg. & R. Penn. 149. Judiciql Offices Are Those Which Relate To The Administration Ofjustiee, And Which Must Be Exercised By ...
Officer
Officer. He Who Is Lawfully Investez With An Office. Executive Officers Are Those Whose Duties Aro Mainly To Cause The Laws To Be Executed. For Example, The Preeident Of The United State' Of America, And The Several Govenaors Of The Differ Ent Gates, Are Executive Officers. Their Duties Are Pointed ...
Ohio
Ohio. One Of The New States Of The American Union. 2. Massachusetts, Connecticut, And Virginia Claimed. Under Their Respective Charters, The Tern Tory Lying Northweet Of The River Ohio. At The Solioitation Of The Continental Congress, These Claims Were, Eoon After The Close Of The War Of Independence, Ceded To ...