Ballentine's Law Dictionary
1st edition, 1916 — browse every term in this dictionary, A–Z.
Showing the 17,549 terms defined in Ballentine's Law Dictionary. Browse all dictionaries
To have and to hold.
Conclusions as to use cannot be drawn from abuse.
A cattle thief.
Incapacitated.
To transfer interest or title.
- Abandondefined inU.S. CodeBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
To relinquish title or interest; to surrender or give up. See 44 Mass. 257.
One to whom property or rights are relinquished or abandoned.
- Abandonmentdefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
Relinquishment of right, title or claim. See 24 Tex. 417. Desertion of relative one is bound to support. Relinquishment of ship and cargo to settle ship's liability.
The relinquishment of an animal or a slave in settlement of liability.
In advance.
In advance.
From ancient time.
The violation of a legal right is not effected by acquiescence.
- Abatementdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Burrill (1850)Bouvier (1839)
Plea in abatement. A plea interposed for delay, or a plea to the jurisdiction or to the persons. Suspension or determination of an action by death, insanity or other disability of
Wrongful entry and taking possession of real property by a stranger, before the heir or devisee has entered. See 25 Ohio St. 260.
The extinction or removal of a nuisance by physical means or by suit. See 50 Ga. 130.
- Abatordefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Burrill (1850)
A stranger who enters and takes possession in the abatement of a freehold.
The rights and privileges of an abbot.
An abstract of ancient judicial records prior to the Year-books.
- Abbreviate of adjudicationdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)
Abstract of judgment.
- Abbreviationum, ille numerus et sensus accipiendus est, ut concessio non sit inanisdefined inBallentine's (1916)Black's (1910)
In abbreviations, that number and sense should be taken which will not avoid the grant.
See Forestalling .
- Abductiondefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)Bouvier (1839)
Unlawful taking away or detaining of a female. See 7 Am. St. Rep. 391.
- Abearancedefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
Behavior. See 4 Bl. Comm. 251, 256.
- Aberemurderdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
Murder in the first degree.
- Abetdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
To aid, counsel, assist, procure, or facilitate in the commission of an act. See 25 S. W. (Tex.) 994.
Abettor.
- Abettordefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
One who abets.
From without. See 14 Mass. 151.
- Abeyancedefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
Suspension. See Bl. Comm. 107.
Cattle thief.
- Abigeatusdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
Cattle-stealing.
Cattle-stealers. See 4 Bl. Comm. 239.
Cattle-stealer.
From inconvenience.
From the beginning. See 1 Bl. Comm. 440.
From the beginning of the world.
- Ab intestatodefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
From one who has died leaving no will. See 2 Bl. Comm. 490, 516.
Against one’s will.
In anger.
See Arbitrium .
Voluntary banishment. See 4 61. Comm. 332.
To renounce by oath.
A lending of money.
- Abortiondefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
An unlawful premature delivery of a child.
- Aboutdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Kinney (1893)Black's (1891)
Approximation to exactness; March 27th held not to be “about April 1st.” See 17 Ann. Cas. 741.
In the act of; on the point of; signifying present action. See Ann. Cas. 1913A, 386.
The reduction of damages by order of court.
To make void; to annul.
- Absencedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
An officer’s absence to entitle his substitute to act for him is absence on an occasion demanding immediate exercise of his powers. See Ann. Cas. 1912C, 350.
We ought to consider him absent who is not in the place where he is sought.
- Absentia ejus qui reipublicae causa abest, neque ei neque alii damnosa esse debetdefined inBallentine's (1916)
One’s absence on affairs of the state is not to operate to his disadvantage.
Clear sense requires no explanation.
Unqualified assent of drawee to liability on a bill of exchange.
A conveyance free from conditions.
An unconditional covenant.
An estate without condition.
Two persons owning shares in severalty are each an absolute owner. See 18 L. R. A. 481.
A rule or order of court commanding something to be done, without conditions.
- Absquedefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
Without.
Without reservation of rent.
With out the consideration of the court.
Without this. An introductory term used at the beginning of the negative part of a plea. See 8 Pa. 270.
Without impeachment of waste. Signifying the tenant's nonliability for waste.
Without such cause.
- Abstract of a finedefined inBallentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
An abstract of the writ of covenant and the concord, naming the parties, the parcels of land, and the agreement. Black. See 2 Bl. Comm. 351.
A brief transcript of the essentials of a recorded judgment.
- Abstract of titledefined inBallentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Burrill (1850)
A synopsis or brief showing the claim of title to a parcel of land as it appears of record. See 3 Minn. 94.
- Abundans cautela non nocetdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Stimson (1881)
Abundance of caution does not harm.
Wrongful use of the process of a court. See 58 Am. St. Rep. 434.
- Accedas ad curiamdefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Bouvier (1839)
A chancery writ directing the removal of a replevin suit to the superior court.
A writ directed to the coroners to compel a sheriff to make return of a writ.
Shortening of the time within which a future estate is to vest.
- Acceptancedefined inCase LawBallentine's (1916)Black's (1910)Anderson (1889)Stimson (1881)Burrill (1850)Bouvier (1839)
The actual or implied receipt and retention of that which is tendered or offered. The acknowledgment of or assent to liability on a bill of exchange by the drawee. See 138 Am. St.
- Acceptaredefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
To accept.
- Acceptor supra protestdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
The acceptor of a bill of exchange which has been protested.
- Accessdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Burrill (1850)Bouvier (1839)
Right of way from one’s land to highway.
- Accessarydefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
Same as Accessory.
- Accessiondefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
The addition of a lesser thing to a greater, either by nature or by man. See 24 Ky. 454, 19 Am. Dec. 104. A nation’s acceding to a treaty.
sequitur suum principale. That which is accessory does not lead, but follows the principal.
An accessory follows the nature of his principal.
- Accessorydefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
One who aids or abets the commission of a crime and is absent at the time. See 5 Am St. Rep. 512.
One who knowing that another has committed a felony, relieves, comforts or assists him. See 26 Fed. Cas. (U. S.) 196.
An accessory who acts prior to the commission of the crime. See 26 Fed. Cas. (U. S.) 196.
A contract subordinate to the main or principal one.
- Accidentdefined inCase LawU.S. CodeBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
Held to include the result of human actionable fault or negligence and not synonymous with “purely accidental” or “mere accident.” See 59 Am. St. Rep. 644, 56 L. R. A. 246.
Happening by chance, unexpectedly taking place, not according to usual course, not as expected. See 9 L. R. A. 685, note.
Injury from assault and battery not by accidental means. See 5 L. R. A. (N. S.) 657.
- Accipere quid ut justitiam facias, non est tam accipere quam extorqueredefined inBallentine's (1916)
The acceptance of something for doing justice is not so much an acceptance as an extortion.
- Accoladefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
A farmer; a tenant.
- Accomendadefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)
A contract by which a shipmaster agrees to sell goods of the shipper for their joint account.
- Accommodationdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Black's (1910)Black's (1891)Bouvier (1839)
An obligation assumed gratis.
Land bought by a builder or speculator, who erects houses thereon, and then leases portions thereof upon an improved ground-rent.—Black.
- Accommodation paperdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
Negotiable paper upon which a maker or indorser assumes liability gratis.
A road for access to private property; a spur-track.
- Accomplicedefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
One so connected with the crime that at common law he might himself have been convicted either as principal or as an accessory before the fact. See Ann. Cas. 1913A, 771; also 20 Am
The adjustment of a disagreement as to what is due from one to another, and the payment of the agreed amount. See 62 L. R. A. 760.
Defined and distinguished from a novation in 32 L. R. A. (N. S.) 1134, and note.
- Accountdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
A written statement showing the items of debit and credit between one party, and another with whom he has had dealings. See 1 Met. (Mass.) 216. A common-law writ or action which a
- Accountantdefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Bouvier (1839)
One who has rendered an account.