Going

Dictionary: 
Black's Law Dictionary: 2nd Edition

In various compound phrases (as those which follow) this term implies either motion, progress, active operation or present and continuous validity and efficacy.
—Going before the wind. In the language of mariners and in the rules of navigation, a vessel is said to be going "before the wind" when the wind is free as respecte her course, that is, comes from behind the vessel or over the stern, so that her yards may be braced square across. She is said to "going off large" when she has the wind free on either tack, that is, when it blows from some point abaft the beam or from the quarter. Hall v. The Buffalo, 11 Fed. Cas. 216; Ward v. The Fashion, 29 Fed. Cas. 188.
—Going concern. A firm or corporation which, though embarrassed or even insolvent, continues to transact its ordinary business. White, etc., Mfg. Co. v. Pettes Importing Co. (C. G.) 30 Fed. 865; Corey v. Wadsworth, 99 Ala. 68, 11 South. 350, 23 L. R. A. 618, 42 Am. St. Ren. 55.
—Going off large. See "Going before the Wind," supra.
—Going price. The prevalent price ; the current market value of the article in question at the time and place of sale. Kelsea v. Haines, 41 N. H. 254.
—Going through the bar. The act of the chief of an English common-law court in demanding of every member of the bar, in order of seniority, if he has anything to move. This was done at the sitting of the court each day in term, except special paper days, crown paper days in the queen's bench, and revenue paper days in the exchequer. On the last day of term this order is reversed, the first and second time round. In the exchequer the postman and tubman are first called on. Wharton.
—Going to the country. When a party, under the common-law system of pleading, finished hls pleading by the words "and of this he puts himself upon the country," this was called "going to the country." It was the essential termination to a pleading which took issue upon a materini fact in the preceding pleading. Wharton.
— Going vaine. As applied to the property or plant of a manufacturing or industrial corporation. a public-service corporation, etc., this means the value which arises from having an established business which is in active operation. It is an element of value over and above the replacement cost of the plant, and may represent the increment arising from previous labor, effort, or expenditure in working up business, acquiring good will, and successfully adapting property and plant to the intended use. See Cedar Rapids Water Co. v. Cedar Rapids, 118 Iowa, 234, 91 N. W. 1081.
—Going witness. One who is about to take his departure from the jurisdiction of the court, although only unto a state or country under the general sovereignty; as from one to another of the United Slates, or from England to Scotland.

Author: 
Henry Campbell Black, M.A.
Publisher: 
West Publishing Company
Year Published: 
1910
Genre: 
Law Dictionary