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Similis.L

A Dictionary of Law · William C. Anderson · 1889

A Dictionary of Law

Like. Compare Quasi. De similibus idem est judicium. As to like cases, the judgment is the same. See Arqumentum. Nullum simile est idem. No like thing is the same; likeness or similarity is not identity. Thus, while a partner is like a joint-tenant and a tenant in common, he Is neither; * a telegraph company is like, but is not the same as, a common carrier; ^ an award of arbitrators is not like a judgment in all respects; ' a check resembles a bill of exchange, yet it is not the same thing. In the patent and copyright laws, identity, not resemblance, is regarded.* Similiter. Likewise; the like. A reply that as one party has put himself upon the country, the other does the same. The full sentence was et proedictus similiter, equivalent to " and he does the like." Expresses concurrence in referring a trial to the jury. In strictness, no part of the pleadings: it neither affirms nor denies any fact; is matter of form. Spoken of as the w»u!iter.^