acquiescence

Defined in 6 dictionaries — Case Law, Cyclopedic (1922), Ballentine's (1916), Black's (1910), Kinney (1893), Anderson (1889)

Definitions from Case Law

From 287 U.S. 112 - Gebardi v. United States · 1932Most cited · 594 citing opinions

we perceive in the failure of the Mann Act to condemn the woman's participation in those transportations which are effected with her mere consent, evidence of an affirmative legislative policy to leave her acquiescence unpunished. We think it a necessary implication of that policy that when the Mann Act and the conspiracy statute came to be construed together, as they necessarily would be, the same participation which the former contemplates as an inseparable incident of all cases in which the woman is a voluntary agent at all, but does not punish, was not automatically to be made punishable under the latter.

Show all 3 Supreme Court definitions and how they changed over time 1925–1932

The Cyclopedic Law Dictionary

Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

A silent appearance of consent. Worcester. It is to be distinguished from avowed consent, on the one hand, and from open discontent or opposition, on the other. It amounts to a consent which is impliedly given by one or both parties to a proposition, a clause, a condition, a judgment, or to any act whatever. It imports an assent which, though implied, is to some extent active, and is to be distinguished from laches, which is mere passive neglect. 69 Cal. 255.

Ballentine's Law Dictionary

James A. Ballentine · 1916

Implied assent.

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

Acquiescence is where a person who knows that he is entitled to impeach a transaction or enforce a right neglects to do so for such a length of time that, under the circumstances of the case, the other party may fairly infer that he has waived or abandoned his right. Scott v. Jackson, 89 Cal. 258, 26 Pac. 898; Lowndes v. Wicks, 69 Conn. 15, 36 Atl. 1072; Norfolk & W. R. Co. v. Perdue, 40 W. Va, 442, 21 S. El 755; Pence v. Langdon, 99 U. S. 578, 25 In Ed. 420. Acquiescence and laches are cognate but not equivnient terms. The former is a submission to, or resting satisfied with, an existing state of things, while laches implies a neglect to do that which the party ought to do for his own benefit or protection. Hence laches may be evidence of acquiescence. Laches imports a merely passive assent, while acquiescence implies active assent. Lux v. Haggin, 69 Cal. 255, 10 Pac. 678; Kenyon v. National Life Ass'n, 39 App. Div. 276, 57 N. Y. Supp. 60; Johnson-Brinkman Commission Co. v. Missouri Pac. R. Co., 126 Mo. 345, 28 S. W. 870, 26 L. R. A. 840, 47 Am. St. Ren. 675.

A Law Dictionary and Glossary

George C. Kinney · 1893

A silent or tacit encouragement of

A Dictionary of Law

William C. Anderson · 1889

3 A keeping quiet: consent inferred from silence or from failure to object, the person to be charged having knowledge of the essential facts. Tacit encouragement to an act done; assent. Imports mere submission, not approbation; as when it is said tbat the board of trustees of a college acquiesced in legislation affecting tbeir charter.* Implies such knowledge of facts as will enable the party to take effectual action. One may not then rest until the rights of third persons are involved and the situation of the wrong-doer is materially changed.^ Where a person tacitly encourages an act to be done, he cannot afterward exercise his legal right in opposition to such consent, if this encouragement induced the other party to change his position, so that he will be pecuniarily prejudiced by the assertion of silch adversary claim." See further Affirm, 2; Estoppel; Silence;' Sta IiE; Waiter.