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Coercion

A Dictionary of Law · William C. Anderson · 1889

A Dictionary of Law

Compulsion: constraint; duress. Direct or positive coercion. "When a person by physical force is compelled to do an act against his will. Implied or legal coercion. When a person, under legal subjection to another, is induced to do an act involuntarily. As free will is necessary to accountability, a person acting under coercion has no will. But the command of a superior to an inferior, of a parent to a child, of ' Cincinnati v. Morgan, 3 Wall. S93 (1865). = Mobile. &o. E. Co. v. Weimer, 49 Miss. 739 (1874). See also Sedgw. Stat. 429. See generally 3 South. Law Eev., o. s., 222 (1874); 2 id., h. s., 215 (1876); 3 id. 573 (1877); 6 id. 1 (1880); 19 Am. Law Rev. 14-17(1884); 20 id. M7, 316-38 (1886); 21 id. 194-300 (1887); 2 Law Q. Rev. 125 (1886); 33 Alb. Law J. 244-47, 264, 321 (1887); 36 id. 324 (1887); 37 id. 231-23 (1888); 26 Cent. Law J. 257 (1888); 22 Am. Law Rev. 1-29, 57-65 (1888); 4 Kans. Law J. 258 (1886)

Law Counselor. 3 L. codicillus, a title book or writing. 4 3 Bl. Com. 500. See 4 Kent, 631. 6 Lamb v. Lamb, 11 Pick. 375 (1831), Shaw, C. J. See Dunham v. Averill, 45 Conn. 79 (1877); Grimball v. Patton, 70 Ala. 631 (1881); Fairfax v. Brown, 60 Md. 58 a m^ter to a servant, or of a principal to his agent, dofes not. ordinarily, amount to coercion. If a wife acts in company with her husband in the commission of a tort or a crime other than treason, homicide, or other heinous felony, it is presumed, at coinmon law, that she acted under coercion and withoui; guilty intent. But non-coercion maybe proved.' See Duress; Will, 3.