Alternative

Allowing a choice between two or more things or acts to be done. In contracts, a party has often the choice which of several things to perform. A writ is in the alternative which commands the defendant to do the thing required, or show the reason wherefore he has not done it. Finch, 257; 3 Bl. Comm. 273. The first mandamus is an alternative writ. 3 Bl. Comm. 111. See "Nisi."

Allowing a choice between two or more things or acts to be done. In contracts, a party has often the choice which of several things to perform. A writ is in the alternative which commands the defendant to do the thing required, or show the reason wherefore he has not done it; Finch 257; 3 Bla. Com. 273. Under the common-law practice, the first mandamus is an alternative writ; 3 Bla. Com. Ill; but in modern practice this writ is often dispensed with and its place is taken by a rule to show cause. See Makdamus. ALTIUS N0N T0LLENDI. In Civil Law. A serviture by which the owner of a house

One or the other of two things ; giving an option or choice; allowing a choice between two or more things or acts to be done.

— Alternative contract. A contract whose terms allow of performance by the doing of either one of several acts at the election of the party from whom performance is due. Crane v. Peer, 43 N.id. Eq. 553, 4 Atl. 72.

— Alternative obligation. An obligation allowing the obligor to choose which of two things he will do, the performance of either of which will satisfy the instrument. Where the things which form the obj'ect of the contract are separated by a disjunctive, then the obligation is alternative. A promise to deliver a certain thing or to pay a specified sum of money, is an example of this kind of obligation. Civil Code La. art. 2066,

— Alternative remedy. Where a new remedy is created ig addition to an existing one, they are called "alternative" if only one can be enforced ; but if both, "cumulative."

— Alternative writ. A writ commanding the person against whom it is issued to do a specified thing, or show cause to the court why he should not be compelled to do it. Allee v. McCoy, 2 Marv. (Del.) 465, 36 Atl. 359.

One or the other of two things; giving an option or choice; allowing a choice between two or more things or acts to be done.

[L. Lat. altemativus.] In practice. The choice of one or the other of two things; that which requires the one or the other of two things to be done. An alternative writ, such as a mandamta, is one which requires certain acts to be done, w cause to be shown why they are not done.* 3 StepK, Com. 683. See Mandamus, A rule nisi (q. v.) and a rule or order to show cause, are alternative proceedings. Alicrnatira pelitio moa cat aadlcada. An alternative petition or demand is not to be heard. 5 Co, 40. A party is not allowed to make his demana in the alternative or disjunctive, but must ask for a thing certain, that is, one specific thing. A maxim applied to writs in the old real actions.

Vide Election; Obligatton, alternative.