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Virtus

Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879

Dictionary of Terms and Phrases Used in American or English Jurisprudence

Power; strength. Also, applied to a writ, &c., the substance or tenor.

Virtute cujus

By reason whereof. A part of the declaration in an action at common law, which, after setting forth the various grievances complained of, proceeds to point out the injurious results which have flowed therefrom, is quite often technically spoken of as the virtute cujus, from the words employed therein, which are, " by reason whereof." Thus, in an action for diverting water from the plaintiff's mill, the declaration, after stating the plaintiff's right to the water, and particularizing the injurious act complained of, proceeds to point out the injury which the plaintiff has sustained in consequence, in the following manner: " and the plaintiff, "by reason of the premises," had been prevented from working his said mill in so beneficial a manner as he heietofore has, and otherwise could and would have done, &c. See Brown. Virtute officii. By virtue of ofl Bce. This term is applied to ofi Scial acts and powers. Compare Colore Officii; Ex Officio.