amicable action

an amicable action, in the sense in which these words are used in courts of justice, presupposes that there is a real dispute between the parties concerning some matter of right. And in a case of that kind it sometimes happens, that, for the purpose of obtaining a decision of the controversy, without incurring needless expense and trouble, they agree to conduct the suit in an amicable manner, that is to say, that they will not embarrass each other with unnecessary forms or technicalities, and will mutually admit facts which they know to be true, and without requiring proof... But there must be an actual controversy, and adverse interests. The amity consists in the manner in which it is brought to issue before the court.

In practice. An action entered by agreement of parties on the dockets of the courts.

An action e by agreement of parties. This practice prevails in Pennsylvania. When entered, such action is considered as if it had been adversely commenced and the defendant had been regularly summoned. It presupposes that there is a real dispute between the panics, an actual controversy and adverse interests. The parties, to save needless expense and troul le, agree to con- 10G7; Adams v. R. Co., 21 R, I. 134, 42 Atl. 515, 44 L. R. A. 275; Ex parte Steele, 102 Fed. 094. It differs entirely from a "Moot" Case (q. v.). An agreement between a county and a proposed buyer of its bouds to prosecute a made-up case to settle the question of the validity of the bonds, prior to issue, at the expense of the couuty, is void; Van Horn v. Kittitas County, 112 Fed. L See Case Stated. AMICUS CURI/E (Lat. a friend of the court). In Practice. A friend of the court One who, for the assistance of the court, gives information of some matter of law in regard to which the court is doubtful or mistaken; such as a case not reported or which the judge has not seen or does not, at the moment, recollect; 2 Co. Inst 17S; 2 Viner, Abr. 475. This custom cannot be traced to Its origin, but is immemorial in the English law. It Is recognized in the Year Books, and it was enacted in 4 Hen. IV. (1403) that any stranger as "amicus curiae" might move the court, etc. Under the Roman system the Judex, "especially if there was but one, called some lawyer to assist him with their counsel" "sibi advocavit ut in consilio adessent;" Cic. Quint. 2 Gell. xiv. 2; Suet. Lib. 33. There was in that day also the "amicus consiliari," who was ready to make suggestions to the advocate, and this "amicus" was called a "ministrator;" Cic. de Orat. II. 75. This custom became incorporated in the English system, and it was recognized throughout the earlier as well as the later periods of the common law. At first suggestions could come only from the barristers or counsellors, although by the statute of Hen. IV. a "bystander" had the privilege. The custom included instructing, warning, informing, and moving the court. The information so communicated may extend to any matter of which the court takes judicial cognizance; 8 Coke 15. It is not the function of amicus curia to take upon himself the management of a cause; Taft v. Transp. Co., 50 N. H. 410; In re Pina's Estate, 112 Cal. 14, 44 Pac. 332; Parker v. State, 133 Ind. 178, 32 N. E. 830, 33 X. E. 110, 18 L. R. A. 507; or to proceed by error or appeal; Martin v. Tapley, 119 Mass. 110; or demurrer; Ex parte Henderson, 84 Ala. 30, 4 South. 2S4; or for a rehearing; People v. Loan Ass'n, 127 Cal. 400, 58 Pac. 822, 59 Pac. 092. Any one as amicus curice may make application to the court in favor of an infant, though he be no relation; 1 Ves. Sen. 313; and see Williams v. Blunt, 2 Mass. 215; In re Green's Estate, 3 Brewst. (Pa.) 427; In re Guernsey's Estate, 21 111. 443. Any attorney as amicus curice may move the dismissal of a fictitious suit; Haley v. Bank, 21 Nev. 127, 20 Pac. 04, 12 L. R. A. 815; Birmingham Loan & Auction Co. v. Bank, 100 Ala. 249, 13 South. 945, 40 Am. St. Rep. 45; Judson v. Jockey Club, 14 Misc. Rep. 5G2, 30 N. Y. Supp. 128; In re Guernsey's Estate, 21 111. 443; or one in which there is no jurisdiction; Williams v. Blunt, 2 Mass. 215; In re Columbia Real Estate 590; or move to quash a vicious indictment for in case of trial and verdict judgment must be arrested; Comberb. 13; or suggest an error which would prevent judgment when the absence of the party prevented a motion in arrest; 2 Show. 297. He may be allowed a reasonable compensation to be taxed by the court; In re St Louis Institute of Christian Science, 27 Mo. App. 033. The intervention may be by affidavit; Ex parte Guernsey's Estate, 21 111. 443; motion; Haley v. Bank, 21 Nev. 127, 20 Pac. 04, 12

In practice. An action between friendly parties. An action brought and carried on by the mutual consent and arrangement of the parties, in order to obtain the judgment of the court on a doubtful question of law, the facts being usually settled by agreement. Lord v. Veazie, 8 How. 251, 12 L. Ed. 1007.

Defined under Amicable in Black's Law Dictionary.

An action brought pursuant tween the parties to settle a doubtful matter

In practice. An action between friendly parties. An action brought and carried on by the mutual consent and arrangement of the parties, in order to obtain the judyment of the court on a doubtful question of law, the facts being usually settled by agreement.

One brought tle a doubtful point of law, the Amittere liberam legem, I. To tere legem terras: to lose the sions used of an outlaw, one bearing vritness, or being juryman, the punishment of one who has cried craven in the trial by battel. lose the right to attend court.