Black's Law Dictionary

And have you then there this writ. The formal words directing the return of a writ. The literal translation is retained in the modern form of a considerable number of writs.

And he had it A common phrase in the Year Books, expressive of the allowance of an application or demand by a party. Parn. demanda la view. Et habuit, etc. M. 6 Edw. III. 49.

And this he ls prepared to verify. The Latin form of concluding a plea in confession and avoidance. These words were used, when the pleadings were in Latin, at the conclusion of an

And this he prays may be inquired of by the country. The conclusion of a plaintiff's pleading, tendering an issue to the country. 1 Salk. 6. Literally translated in the modem forms

And thereupon [or thereof] he prays judgment. A clause at the end of pleadings, praying the Judgment of the court in favor of the party pleading. It occurs as early as the time of

And thereupon he brings suit. The Latin conclusion of a declaration, except against attorneys and other officers of the court. 3 Bl. Comm. 295.

The code of honor agreed on by mutual understanding and tacitly accepted by members of the legal profession, especially by the bar. Wharton.

Lat And now at this day. This phrase was the formal beginning of an entry of appearance or of a continuanca The equivalent English words are stlll used In this connection.

Lat And not A technical phrase in pleading, which introduces the negative averments of a special traverse. It has the same force and effect as the words "absque hoc," and is ocoasi

An abbreviation for et sequentia , "and the following." Thus a reference to "p. 1, et seq." means "page first and the following pages."

And so. In the Latin forms of pleading these were the introductory words of a special conclusion to a plea in bar, the object being to render it positive and not argumentative; as

And so to Judgment. Year hi T. 1 Edw. II. 10.

And so to the country. A phrase used in the Year Books, to record an issue to the country.

And he did se. Yearb. P. 9 Hen. VI. 17.

And so It hangs. A term used in the old reports to signify that a point was left undetermined. T. Raym. 168.

And so on; and so further; and so forth. Fleta, 11b. 2, c. 50, §27.

An abbreviation for et uxor,— "and wife," Where a grantor's wife joins him In the conveyance, It is sometimes expressed (in abstracts, etc.) to be by "A. B. et ux."

And his wife. A term used in indexing, abstracting, and describing conveyances made by a man and his wife as grantors, or to a man and his wife as grantees. Often abbreviated "et u

It is not just and proper that he who speaks ill of a bad man should be condemned on that account; fur it is fitting and expedient that the crimes of bad men should be known. Dig.

Lat In going and returning. Applied to vessels. 3 C. Rob. Adm. 141.

Lat. Going, remaining, and returning. A person who is privileged from arrest (as a witness, legislator, etc.) is generally so privileged eundo, morando, et redeundo; that 1s, on hi

Equal laws and a well-adjusted constitution of government.

A male of the human species who has been castrated. See Domat, liv. pr6l. tit. 2, § 1, n. 10. Eckert v. Van Pelt, 69 Kan. 357, 76 Pac. 909, 66 In In A. 266.

Lat. In old practice. An escape from prison or custody. Reg. Orig. 312.

A subtle endeavoring to set aside truth or to escape the punishment of the law. This will not be allowed. If one person says to another that he will not strike him, but will give h

Tending or seeking to evade; elusive; shifting; as an evasive argument or plea.

In old English law. The delivery at even or night of a certain portion of grass or com, etc., to a customary tenant, who performs the service of cutting, mowing or reaping for his

In reference to judicial and quasi judicial proceedings, the "event" means the conclusion, end or final outcome or result of a litigation; as, in the phrase "abide the event," spea

9 Coke, 81. An event is that which follows from the cause, and is called an "event" because it eventuates from causes

Co. Litt 379. A new matter always produces various events.

Each one of all; the term includes nil the separate individuals who constitute the whole, regarded one by one, Geary v. Parker, 65 Ark. 521, 47 S. W. 238; Purdy v. People, 4 Hili (

See Eaves-Drop-pers.

In the civil law. To recover anything from a person by virtue of the judgment of a court or judicial sentence. At common law. To dispossess, or turn out of the possession of lands

Dispossession by process of law; the act of depriving a person of the possession of lands which he has held, in pursuance of the judgment of a court. Rea-soner v. Edmundson, 5 Ind.

Any species of proof or probative matter, legally presented 8t the trial of an issue, by the act of the parties and through the medium of witnesses, records, documents, concrete ob

Evidence from outside, from another source. In certain cases a written instrument may be explained by evidence aliunde, that is, by evidence drawn from sources exterior to the inst

A term applied to written instruments or securities for the payment of money, importing on their face the existence of a debt. 1 Rev. St N. Y. p. 599, § 55.

A deed or other document establishing the title to property, especially real estate.

Having the quality of evidence; constituting evidence; evidencing. A term introduced by Bentbam, and, from its convenience, adopted by other writers.

Those which have a legitimate bearing on the matter or question in issue and which are directly (not inferential) established by the evidence in the case. Woodfill v. Patton, 76 In

In French law. The withdrawal of a cause from the cognizanco of an interior court, and bringing it before another court or judge. In seme respects this process resembles the procee

(In Fr. Etoe, water.) In old English law. Toll paid for water passage, The same as aquage. Tomlins.

Adnitery; spouse breach; marriage breach. Cowell; Tomlins.

An offico in the royal household where the table linen, etc., is taken care of. Wharton.

1. A Latin preposition meaning from, out of, by, on, on account of or according to. 2. A prefix, denoting removal or cessation. Prefixed to the name of an office, relation, status,

Out of abundance; abundantly; superfluously; more than sufficient. Calvin.

Lat Out of abundant caution. "The practice has arisen abundanti cautela." 8 East, 326; Lord Ellenborough, 4 Maule & S. 544.

The wrongful act of an officer or other person in compelling payment of a fee or reward for his services, under color of his official authority, where no payment is due. Between "e

In the civil law. A gatherer or receiver of money; a collector of taxes. Cod. 10, 19. In old English law. A collector of the publlc moneys; a tax gatherer. Thus, exactor regis was

On the other side. 2 Show. 461. Applied to counsel.

In old English law. To raise; to elevate. Frequently spoken of water, i. e„ to raise the surface of a pond or pool.

Of the other part

L. Lat A trial. Examen oomputi, the balance of an account. Townsh. PI. 223.

An investigation; search; interrogating. In trial practice. The examination of a witness consiste of the series of questions put to him by a party to the action, or his counsel, fo

A provisional examination of a witness ; an examination of a witness whose testimony is important and might otherwise be lost, held out of court and before the trial, with the prov

This phrase does not mean the examination of the account to ascertain the result or effect of it, but the proof by testimony of the correctness of the items composing it. Magown v.

This is the interrogation of a bankrupt, in the course of proceedings in bankruptcy, touching the state of his property. This is authorized in the United States by Rev. St. § 5086

An inquiry made at the patent-office, upon application for a patent, into the novelty and utility of the alleged invention, and as to its interfering with any other patented invent

An investigation made by or for a person who intends to purchase real estate, in the offices where the public records are kept, to ascertain the history and present condition of th

See Private Examination, infra.

When a person claims to be entitled to an estate or other property sequestered, whether by mortgage, judgment, lease, or otherwise, or has a title paramount to the sequestration, h

A copy of a record, public book, or register, and which has been compared with the original. 1 Campb. 469.

In English law. A person appointed by a court to take the examination of witnesses in an action, i. e., to take down the result of their interrogation by the parties or their couns

An officer of the court of chancery, before whom witnesses are examined, and their testimony reduced to writing, for the purpose of being read on the hearing of the cause. Cowell.

Persons appointed to question students of law in order to ascertain their qualifications before they are admitted to practice.

In old English practice, A roli into which (in the old way of exhibiting sheriffs' accounts) the illevia-ble fines and desperate debts were transcribed, and which was annually read

The best interpretation [of a part of an instrument] is made from the antecedents and the consequents, [from the preceding and following parte,] 2 Inst. 317. The law will judge of

At, in, or upon the discretion of the judge. 4 Bl. Comm. 394. A term of the civil law. Inst. 4, 6, 31.

By or with the consent of the court.

By or with the consent of the father. A species of dower ad ostium ecclesiæ, during the life of the father of the husband; the son, by the father's consent expressly given, endowin

With his assent. Formal words in judgments for damages by default. Comb. 220.

Of the goods or property. A term of the civil law; distinguished from In bonis, as being descriptive of or applicable to property not in actual possession. Calvin.

In Scotch law. To exchange. 6 Bell, App. Cas. 19, 22.

An exchanger of lands; a broker. Obsolete.

In Scotch law. Exchange. 1 Forb. Inst pt. 2, p. 173.

An exchange; a place where merchants meet to transact their business; also an equivalent in recompense; a recompense in lleu of dower ad ostium eccle-siœ.

From the chair. Originally applied to the decisions of the popes from their cathedra, or chair. Hence, authoritative ; having the weight of authority.

L. Lat. By title.

In English law. The title of a viceroy, governor general, ambassador, or commander in chief. In America. The title is sometimes given to the chief executive of a state or of the na

One who excepts; one who makes or files exceptions; one who objects to a ruling, instruction or anything proposed or ordered.

In Roman law. An exception. In a general sense, a judicial allegation opposed by a defendant to the plaintiff's action. Calvin. A stop or stay to an action opposed by the defendant

A dilatory exception ; called also "temporalis," (temporary ;) one which defeated the action for a time, (quæ ad tempus nooet,) and created delay, (et temporis dilationem tribuit;)

An exception or plea of fraud. Inst. 4, 13, 1, 9; Bract, fol. lOOb.

A claim of ownership set up in an action for the recovery of property not in the possession of the plaintiff. Mackeld. Rom. Law, § 299.

A defense to an action for the restitution of a dowry that it was never paid, though promised, available upon the dissolution of the marriage within a limited time. Mackeld. Rom. L

A plea of that matter the dissolution of which is sought [by the action] is null, [or of no effect] Jenk. Cant. 37, case 71.

A plea denying a fact is the last of all.

An exception on the fact. An exception or plea founded on the peculiar circumstances of the case. Inst. 4, 13, 1.

A. plea or defense of a personal nature, which may be alleged only by the person himself to whom it is granted by the law. Mackeld. Rom. Law, § 217.

A plea or defense not of a personal nature, but connected with the legal circumstances on which the suit is founded, and which may therefore be alleged by any party in interest, in

An exception of oath; an exception or plea that the matter had been sworn to. Inst. 4, 13, 4. This kind of exception was allowed where a debtor, at the instance of his creditor, (c

An exception or plea of fear or compulsion. Inst. 4, 13, 1, 9; Bract, fol. 100b. Answering to the modem plea of duress.

In practice. A formal objection to the action of the court, during the trial of a cause, in refusing a request or overruling an objection; implying that the party excepting does no

An exception in an action founded on a contract involving mutual duties or obligations, to the effect that the plnintiff is not entitled to sue because he has not performed his own

A plea that the debt in suit was not discharged by payment (as alleged by the adverse party) notwithstanding an acquittance or receipt given by the person to whom the payment is st

An objection to the special bail put in by the defendant to an action at law made by the plaintiff on grounds of the insufficiency of the bail. 1 Tidd, Pr. 255.

There is [can be] no plea against an action which destroys [the matter of] the pica. Jenk. Cent. 106, case 2.

An exception of compact; an exception or plea that the plaintiff had agreed not to sue. Inst. 4, 13, 3.

An exception or plea of money not paid ; a defense which might be set up by a party who was sued on a promise to repay money which he had never received. Inst. 4, 13, 2.

A peremptory exception; called also "perpetua," (perpetual ;) one which forever destroyed the subject-matter or ground of the action, (guæ semper rem de qua agitur perimit;) such a