Suspensioit
A Dictionary of Law · William C. Anderson · 1889
A Dictionary of Law
' Temporary stopping or,intei-diction of the exercise of some power, proceeding, right, or law. As, the suspension of, and to suspend, — a right of entry upon, and the pre-emption of, public lands, the running of the statute of limitations, the privilege of the writ of habeas corpus (q. v.), rendering a decision or pronouneuig a sentence, execution of a judgment or sentence, or from office.^ See Arrest, 1; Reprieve; Sentence; Stay; Vacancy. SUSPICIOIf. " The act of suspecting, or the state of being suspected; imagination of something ill; distrust, mistrust; doubt." 9 1. "Suspicions" is frequently applied to ' 2 Bl. Com. 183-84; 4 Kent, 360. " 3 Bl. Com. 183. s See 1 Washb. E. P. 408, note; 4 Kent, 361-62. < 1 Greenl. Ev. §§ 39-30, cases; 2 Wha»t. Ev. §§ 1S80-82, cases; 30 Alb. Law J. 45-46 (1884), cases; 14 Cent. Law J. 367-71 (1882), cases,
— Irish Law T. 'Newell V. Nichols, 75 N. Y. 86-90 (1878), cases, Church, C. J.; Eussell v. Hallett, 23 Kan. 378 (1880), cases; Johnson v. Merithew, 80 Me. — (1881 ■> 4 Bl. Com. 403; 44 L. T. 365, "^ L. suspendere, to hang up. an act, thing, or occurrence which, from its nature or from some circumstance attending it, may well put a man of ordinary, caution upon his guard against deception. Mere suspicion that there may be something wrong with a" piece of negotiable paper will not defeat recovery by a purchaser. He loses protection against an infirmity only when he is guilty of bad faith, or buyswith actual notice of the defect.^ See Bearer; Innocent. A man may have grounds of suspicion that his debtor is in failing circumstances and yet have iio cause for a well-founded "belief" of the fact. To make mere suspicion a, ground of nullity would render business transactions too insecure. " A reasonable cause to believe " a debtol: insolventis a different matter." 3. "Suspicions" is also applied to cases in which a party fails or omits to produce evidence within his exclusive possession, and which, being introduced, would have changed the result, presumably against his interest. 3. The words are likewise applied to the case of a person who is believed to have committed a crime, or vsfhose actions fairly indicate an intention to commit crime. Suspicious character. A person suspected of intending to commit, in the present or near future, some act of criminal misbehavior. The grounds for the suspicion appearing reasonable to a committing magistrate, such person may be required to find security for keeping the peace, and for good^3ehavior.3 A justice of the peace may issue a warant to apprehend a person suspected of felony, though the suspicion originates with the person who prays the warrant; because the justice is competent to judge of the probability of the suspicion.* Where a high crime has been committed, very stringent proof is not required that there was ground for a reasonable belief that a suspected party -was guilty. Peace officers may arrest upon suspicion of felony. A high ofl Scer, as, the sheriff, may arrest a. person merely suspected of a capital offense. Yet suspicion is not belief; probable cause for suspicion by a prudent and l>easonable man that a person committed a high crime may not be sufficient to induce' him to believe the person guilty." ' Fox V. Bank of Kansas City, 30 Kan. 446 (1883), cases. Brewer, J.; Swift v. Smith, 102 U. S. 444 (1880), cases, Strong, J. » Grant v. First Nat. Bank of Monmouth, 97 tT. S. 81 (1877). 3 4 Bl. Cbtn. 252. * 4 Bl. Com. 290. In an action for malicious prosecution it is enough it the circumstances produced an honest and strong suspicion of guilt; a "conviction" would imply a higher degree of proof than the law requires.' Circumstances which merely cast upon one suspicion of guilt will not support a conviction by being coupled with the confession of an alleged accomplice.' See Arrest, 2; Cause, 2, Probable; Night-walker. SUTJM; SITUS. See Sui.