A Dictionary of Law
1889 — browse every term in this dictionary, A–Z.
Showing the 150 terms defined in A Dictionary of Law. Browse all dictionaries
In. a statute against "fabricating" a voting paper, impotts an act done with criminal intent; implies fraud or falsehood, a false or fraudulent concoction, by one knowing that it i
Every one of the two or more composing the whole. Foreign express companies being exempted, in Kentucky, from local taxation by paying a State tax, a provision in the charter of a
Money or property gained by labor or services: as, the earnings of a wife, minor, servant, insolvent debtor, corporation. In a statute of exemptions, the gains of the debtor derive
- Earldefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Bouvier (1839)
See Sheriff.
- Earnestdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)
' A thing delivered to a vendor in assurance of a serious purpose to complete the contract of sale. Giving earnest is one of the alternatives prescribed by the original Statute of
- Easementdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Burrill (1850)
^ A service or convenience which one neighbor has of another by charter or prescription, without profit.'* The right whicli one man has to use the land of another for a specific pu
See Term, 4.
Approval; ratification, q. V. From ratum-habere, to have or to hold firm or established. Eatihabitio mandato sequiparatur. A ratification is equal to a command. Abridged from omnis
Compare Restaurant; Saloon. Any place where food or refreshments of any kind, not including spirits, wine, ale, beer, or any other malt liquors, are provided for casual visitors, a
The nuisance of hanging about the dwelling-house of another, hearing tattle, and repeating it to the disturbance of the neighborhood. * Eaves-droppers. Such as listen under walls o
See Navigable.
See Insanity.
- Ecclesiasticaldefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Burrill (1850)Bouvier (1839)
See Church; Corporation.
Formerly included not only the person y.?ho wrote or selected articles for publication, but also the person who published the paper and put it into circulation. Now, the business o
Includes proper moral, as well as intellectual and physical, instruction.* May be particularly directed to the mental, 1 Curran v. Louisville, 83 Ky. 632 (1SS6), cases. 2 Revenue A
To obtain by judicial action or proceeding. Referring to a note: to collect or obtain the amount, possibly by a suit at law. 6 Applied to debt and demands generally intends action
- Effectdefined inBallentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Bouvier (1839)
1. That which is produced; result of a cause. See Cause, 1. 2. Letters-patent will not be granted for a mere effect; they may be for a new mode or application of machinery to produ
- Effectsdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)
A word of extensive import, frequently used in wills as a synonym for personal estate. In Hogan v., Jackson, 1 Cowp. 304 (1774), Lord Mansfield considered it synonymous with " worl
See Ingress., EI rNCUMBIT. See Peobatio.
4. In the law of sealed instruments, the nal, absolute transfer to the grantee of a )mplete legal instrument sealed by the rantor, covenantor, or obligor. As a poputr word, signifi
One or the other of several things; but, sometimes, ono and the other.' See Or, 3. May be used, as in a statute, in the sense of "any."'
- Ejectdefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)
To put out or off; to dispossess, evict, oust. See Ejectio. Casual ejector. He who ousted the rightful lessee by making a formal entry in order to test the right to possession in c
- Ejectmentdefined inCase LawBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
An action to recover possession of realty, with damages for the wrongful detention. See Ejeotio. Originally devised for a lessee ousted of his term of years, and who, having but a
See Eject.
- Ejusdem Generisdefined inCase LawBallentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Burrill (1850)
Of the same kind or nature; of the same class. In the construction of statutes, contracts, and other instruments, where an enumeration of specific things is followed by a general w
The eldest son is the first-born son — the primo-genitus. The words "shall become the eldest son " of a person living at the date of a will cannot, without an explanatory context,
See Lightning; Telegraph; Telephone.
See Chaeitt, 3; Corporation.
- Elegitdefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)Bouvier (1839)
See Execution, 3, Writs of.
- Eligibledefined inU.S. CodeBallentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
Relates to capacity of holding as well as of being elected to an office. ° Ineligible. Refers as well to disqualification to hold, as to disqualification to be elected to, an offic
- Eloigndefined inCyclopedic (1922)Ballentine's (1916)Kinney (1893)Anderson (1889)Stimson (1881)Burrill (1850)
3 When the sheriff seeks to replevy goods distrained, and finds them carried out of the county, or concealed, he may return that they ai'e eloigned, elongata, carried to a distance
- Elopementdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)Bouvier (1839)
6 The act in a wife of voluntarily leaving her husband to live with, another man. She thereby forfeits her right of dower, unless the offense is condoned. The husband is not liable
In or at amother place. Cotiipare Alibi. In a will, will pass land wherever situated." In shipping articles, was construed in subordination to the principal vpyagei— the words bein
See Minl=tek, 3.
- Embezzlementdefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)
s 1. Appropriation to one's own use of anything belonging to another, whether rightfully or wrongfully in the possession of the taker; theft. At an early date, spending, wasting, s
- Emblementsdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Burrill (1850)Bouvier (1839)
* The vegetable chattels called emblements are the corn [grain] and other growth of- the earth which are produced annually, not spontaneously but by labor and industry; thence call
- Embracerydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)Bouvier (1839)
An attempt to influence a jury corruptly to one side by promises, persuasions, entreaties, money, entertainment, and the like.'' Embraceer or embracer. One who attempts to influenc
- Emitdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
See Credit, 3, Bill of.
Any perquisite, advantage, profit, or gain arising from the possession of an office. Imports, tlfen, more than " salary " or " fees." * See Fix, 3; Office, 1.
- Emphyteusisdefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Burrill (1850)
An estate in land, under the Roman law, analogous to a feefarm, or perpetual lease, in English law. It gave the occupant, or his transferee, a perpetual lease, conditioned upon pay
' Occupation; position involving business; service. Employ. (1), n. Originally, the poetical form of employment. (2), V. To engage in one's service; to use as an agent or substitut
See Agent; Authority, 1; Delegatus; Power.
2. 4. Depositing for copyright the title or description of a book or other article. Whence " Entered according to Act of Congress," etc. See Copyright. 5. Recording in due form and
- Enactdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)
See Act, 3, Enact.
- Enceintedefined inBallentine's (1916)Black's (1910)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)Bouvier (1839)
See Ancient, 2; Pregnancy; Venter.
Imports land enclosed with something more than the imaginary boundary line, — some visible or tangible obstruction, as, a fence, hedge, ditch, or an equivalent object, for the prot
- Encroachdefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Burrill (1850)
To intrude upon, make gain upon, occupy, or use the land, right, or authority of another, as if by gradual or partial assumption of right. See Purprestuee.
See At, 2; Final; Fine; Terminus.
- Endorsedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)
See Indorse.
- Enemydefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Bouvier (1839)
A nation, or a citizen or subject thereof, at war with another nation. Alien enemy. One who owes allegiance to a government at war with ours, dwelling within our territory or seeki
Includes a snare, whiph is a device or contrivance for killing game.^ Engineer. See Admission, 3; Commerce. ENGLAND; ENGLISH. See Borough; Chancery; Charity, 3; Constitution; Court
See Copyright; Print.
- Engrossdefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
1. To write in a gross, i. e., a large, hand; to copy in a fair band: as, to engross an instrument on parchment. Whence engrosser, engrossing. After a proposed statute has been rea
In an unqualified sense, is equivalent to "increased," and comprehends any increase of value, however caused or arising. In Oregon if a husband aliens dowable lands, and they becom
- Enjoindefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)
See Injunction.
- Enjoymentdefined inCase LawBallentine's (1916)Black's (1910)Black's (1891)Anderson (1889)Bouvier (1839)
Possession; occupation; use; exercise. Enjoyment as of right is an enjoyment had, not secretly or by stealth, or by tacit sufferance, or by permission from time to time, on each oc
- Enlargedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Burrill (1850)
To extend, increase, lengthen the time of; also, to set at liberty. Enlarge an estate. To increase the tenant's interest. Enlarge an order or rule. To extend the time for complying
- Enlistmentdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
Either the complete act of entering into mi Utai-y service, or the first step taken toward that end. 3 A technical term, derived from Great Britain. In the English Cyclopsedia, def
- Enormiadefined inBallentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Burrill (1850)
Wrongs; unlawful acts. Alia enormia. Other wrongful acts. After a specific allegation of wrong done by a defendant, the plaintiff may ftuther charge, generally, a Ua enormia^ to th
- Enrolldefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)
See Roll; Registry, Of vessels.
- Entaildefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
See Tail.
- Enterdefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
See Entry.
See Gift, 1.
Public reception; something connected with the enjoyment of refreshment-rooms, tables, and the lilie.i See Inn. A public aquarium is a "place of entertainment and amusement," when
See Abduction; Husband; Persuade.
Untouched: complete; unbroken, whole; undivided, indivisible, inseverable: as, an entire — consideration, covenant, contract, 3 g. v. See Separable. An entire claim arising out of
- Entitledefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
See Title, 3.
See Force; Performance. ENPRAlf CHISE. See Franchise, 3. ENGAaEMENT. See Agreement; Assumpsit; Contraot; Promise; Undertaking.
Separate mention. The enumeration of particular things in an instrument may include others of the same class; there is no absolute rule that sudi enumeration includes things of a d
See Letter, 3; Publication, 2.
- Envoydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Bouvier (1839)
See Minister, 3.
See Libel, 5. EFFIiUX.5 In a lease, the ending of the contract period in the regular course of events, as distinct from an earlier termination by a subsequent agreement or by some
See Disease; Health. When, in a policy of insurance, it does not appear that the word "epidemics" was understood by the parties in any other than its popular sense, evidence is not
5 Compare Equivalent. Like or alike in quality, degree, amount, or merit; corresponding; uniform; the same: as, equal provision, equity, protection, rights. Equal to. Not less than
See Equity, Equitable.
- Equivocaldefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)
See Ambigu Itt. EE.. The Teutonic form of the Latin or in terminations. Annexed to words of English origin. See Ob, 1.
- Erasuredefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)
See Alteration, 2.
i 1. To lift up, build, construct: as, to erect — a building, a fixture. A house cannot be said to be erected until substantially completed^ before that it is a structure, not a "b
1. The mustela erminea, Armenian rat; the fur of which is pure white in winter time. 2. The dignity of judges, whose state robes, lined with the fur of the ermine, are regarded as
Error. In nullo est erratum. In nothing is there error. The emphatic words of a joinder of issue on an assignment of error, as originally expressed. By this plea the defendant admi
See Error, 3 (2), Erroneous.
- Escapedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Burrill (1850)Bouvier (1839)
7 1, n. (1) Flight from custody, of a person under lawful arrest. * Cohens v. Virginia, ante, 2 Slaughter-House Cases, 10 Wall. 290 (1869), cases; Kountz V. Omaha Hotfel Co., 107 U
- Escheatdefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
'' In feudal law, the determination of the tenure or dissolution of the bond between lord and tenant from extinction of the blood of the latter by natural or civil means.* Thus, if
- Escrowdefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)Bouvier (1839)
' An instrument delivered to a third person to hold till some condition is performed by the proposed grantee. A scrowl or writing not to take effect as a "deed" till the condition
- Esnecydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
Eldership; the privilege of the eldest. The right in the oldest copai-cener first to choose a purpart.
- Espleesdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)Bouvier (1839)
' The products of the land: herbage, hay, grain; rents, services, etc.*
- Essedefined inBallentine's (1916)Bouvier (1914)Kinney (1893)Anderson (1889)Stimson (1881)Burrill (1850)
See In Esse.
See Time.
^ In old law, an excuse for non-appearance. " Essoign-day " was for hearing such excuses, — the first day of each tenn.s
- Establishdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)
* To settle certainly, fix permanently, what was before Uncertain, doubtful, or disputed; as, to establish a boundary line.^ To set or fix firmly, settle or found permanently, erec
- Estatedefined inCase LawU.S. CodeBallentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Bouvier (1839)
i 1. Standing: condition, category, state, status. 2. Position; rank in life; degree: as, an addition of estate. 2 See Addition, 3; Necessaries. Estates of the realm. The three bra
' An animal that has escaped from its owner, and wanders or strays about; at common law, a wandering animal whose owner is unknown.* A wandering beast whose owner is unknown to the
Implies a computation or calculation. The particular idea intended to be expressed by the word must be determined by the subject-matter under consideration, together with the conte
- Estoppeldefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
^ 1. A stop; obstruction, bar; hindrance, preclusion. 2. That which concludes, and "shuts a man's mouth from speaking the truth." « 1 2 Bl. Com. Ch. Vn-XH; 1 Ld. Cas. R. P. ix; 2 i
i Maintenance; support; necessaries. Compare Bote. Common of estovers; estovers. The liability of taking necessary wood from another's land for fuel, fences or other agricultural p
- Estreatdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)Bouvier (1839)
* An extract or copy of an original writing or record, — especially of a fine or amercement, certified to and to be levied by an officer. A recognizance is " estreated " when forfe
- Estrepementdefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Burrill (1850)
i" Permanent injury, destruction; waste. 1 F. estoffer, to furnish, maintain. 'See 1 Bl. Com. 441; 2 id. 35; Van Rensselaer ti. EadclifE, 10 Wend. 639 (1833); Livingston v. Keteham
See Dictionary. Legislative language is to be received, not necessarily according to its etymological meaning, but according to its probable acceptance, and especially in the sense
See Charity, 3; Indigent. EVASION". A subtle endeavoring to set aside the truth or to escape the punishment of the law.* Evasive. Tending to evade; avoiding: as, an evasive — affid