Black's Law Dictionary
2nd edition, 1910 — browse every term in this dictionary, A–Z.
Showing the 22,662 terms defined in Black's Law Dictionary. Browse all dictionaries
The weight of an article or collection of articles, after deducting from the gross weight the weight of the boxes, covenngs. casks, etc., containing the same. The' weight of an ani
In Fr. Never married. More fully, ne unques accouple en loiall matrimonie, never joined in lawful marriage. The name of a plea in the action of dower unde nihil habet, by which the
- Ne Unques Executordefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
L. Fr. Never executor. The name of a plea by which the defendant denies that he is an executor, as he is alleged to be; or that the plaintiff is an executor, as he claims to be.
L. Fr. (Never seised of a dowable estate.) In pleading. The general issue in the action of dower unde nil habet, by which the tenant denies that the demandant's husband was ever se
- Ne Unques Son Receiverdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
L. Fr. In pleading. The name of a plea in an action of account-render, by which the defendant denies that he ever was receiver of the plaintiff. 12 Vin. Abr. 183.
In medical Jurisprudence. A condition of weakness or exhaustion of the general nervous system, giving rise to various forms of mental and bodlly inefficiency.
In international law. Indifferent ; impartial; not engaged on either side; not taking an active part with either of the contending states. In an international war, the principal ho
- Neutralitydefined inCase LawCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)
The state of a nation which takes no part between two or more other nations at wav. U. S. v. The Three Friends, 166 U. S. 1, 17 Sup. Ct 495, 41 In Ed. 807. —Neutrality laws. Acts o
Acts of congress which forbid the fitting out and equipping of armed vessels, or the enlisting of troops, for the aid of either of two bslligerent powers with which the United Stat
A proclamation by the president of the United States, issued on the outbreak of a war between two powers with bath of which the United States is at peace, announcing the neutrality
Property which belongs to citizens of neutral powers, and is used, treated, and accompanied by proper insignia as such.
Lat It must not be altered. A phrase sometimes written by a notary upon a blll or note, for tbs purpose of establishing its identity, which, however, does not affect its negotiabll
As an element in numerous compound terms and phrases of the law, this word may denote novelty or the condition of being previously unknown or of recent or fresh origin, but ordinar
The phrase used in the patent laws to describe the two qualities of an invention or discovery which are essential to make it patentable, viz., novelty, or the condition of having b
In the law governing the administration of estates, this term denotes assets coming into the hands of an executor or administrator after the expiration of the time when, by statute
- New assignmentdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)
Under the common-law practice, where the declaration in an action is ambiguous, and the defendant pleads facis which are literally an answer to it, but not to the real clnim set up
With reference to the amendment of pleadings, this term may refer to a new state of facts out of which liability is claimed to arise, or it may refer to parties who are alleged to
In making an adjustment of a partial loss under a policy of marine insurance, the rule is to apply the old materials towards the payment of the new, by deducting the value of them
The name of a prison in London, said to have existed as early as 1207. It was three times destroyed and rebuilt. For centuries the condition of the place was horrible, but it has b
Ah inn of chancery. See Inns of Chancery.
See Evidence.
In pleading. Matter of fact not previously alleged by either party in the pleadings.
An undertaking or promise, based upon and having relation to a former promise which, for some reason, can no longer be enforced, whereby the promisor recognizes and revives such fo
- Newspaperdefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)
Aceording to the usage of the commercial world, a newspaper is defined to be a publication in numbers, consisting commonly of single sheets, and published at short and stated inter
A new trial is a re-examination of an issue of fact in the same court after a trial and decision by a jury or court or by referees. Code Civ. Proc. Cal. § 656. A new trial is a re-
In English practice. A paper containing a list of causes in which rules nisi have been obtained for a new trial, or for entering a verdict in place of a nonsuit, or for entering ju
A term of the civil law comprehending every sort of edifice or other structure which is newly commenced on a given estate or lot. Its importance lies chiefly in the fact that a rem
The first day of January. The 25th of March was the civil and legal New Year's Day, till the alteration of the style in 1752, when it was permanently fixed at the ist of January. I
Lat; In Roman law. Bound; bound persons. A term applied to such in-selvent debtors as were delivered up to their creditors, by whom they might be held in bondage until their debts
- Nextdefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)
Nearest; closest; immediately following. See Green v. McLaren, 7 Ga. 107; State v. Asbell, 57 Kan. 398, 46 Pac. 770; German Security Bank v. McGarry, 106 Ala. 633, 17 South. 704. —
By the term "first devisee" is understood the person to whom the estate is first given by the will, while the term "next devisee" refers to the person to whom the remainder is give
- Next frienddefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)
The legal designation of the person by whom an infant or other person disabled from suing in his own name brings and prosecutes an action either at law or in equity; usually a rela
- Next of kindefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)
In the law of descent and distribution. This term properly denotes the persons nearest of kindred to the decedent, that is, those who are most nearly related to him by blood ; but
In the law of advowsons. The right of next presentation is the right to present to the first vacancy of a benefice.
Lat. In Roman law. In ancient times the nexum seems to have been a species of formal contract, involving a loan of money, and attended with peculiar consequences, solemnized with t
In English practice. Debts due to the exchequer which the sheriff could not levy, and as to which he returned nil. These sums were transcribed once a year by the clerk of the nichi
A short name; one nicked or cut off for the sake of brevity, without conveying an idea of opprobrium, and frequently evincing the strongest affection or the most perfect familiarit
A vile, base person or sluggard; chicken-hearted. Spelman.
The daughter of one's brother or sister. Ambl. 514. See Nephew.
In old English law. A woman born in vassalage; a bondwoman.
In Fr. Nothing; not. —Nient comprise. Not comprised; not included. An exception taken to a petition because the thing desired is not contained in that deed or proceeding whereon th
Not comprised; not included. An exception taken to a petition because the thing desired is not contained in that deed or proceeding whereon the petition is founded. Tomlins.
Not guilty. The name in law French of the general issue in tort or in a criminal action.
To say nothing; to deny nothing; to suffer judgment by default.
In pleading. Not the deed; not his deed. The same as the plea of non est factum.
In old pleading. Not seised. The general plea in the writ of annuity. Crabb, Eng. Law, 424.
Tbe black book or register in the exchequer; chartularles of abbeys, cathedrals, etc.
- Nightdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Bouvier (1839)
As to what, by the common law, is reckoned night and what day, it seems to be the general opinion that, lf there be daylight or crepusculum, enough begun or left to discern a man's
A constable of the night; the head of a watch-house.
Described in the statute 5 Edw. III. c. 14, as persons who sleep by day and walk by night. Persons who prowl about at night, and are of a suspicious appearance and behavior. Person
The black should never go bsyond the red, [i. e., the text of a statute should never be read in a sense more comprehensive than the rubric or title.] Tray. Lat. Max. 373.
Lat Nothing. Often contracted to "ml." The word standing alone is the name of an abbreviated form of return to a writ made by a sheriff or constable, the fuller form of which would
11 Coke, 74. The king can do nothing except what he can by law do.
In practice. That he take nothing by his writ. The form of judgment against the plnintiff in an action, either in bar or in abatement. When the plaintiff has commenced his proceedi
Nothing is so opposed to consent as force and fear. Dig. 50, 17, 116.
Co. Litt. 188. Nothing of a matter accrues to him who, when the right accrues, has nothing in that matter.
He says nothing. This is the name of the judgment which may be taken as Of course agninst a defendant who omits to plead or answer the plaintiff's declaration or complaint within t
Nothing is said which was not said before. Said of a case where former arguments were repeated. Hardr. 464.
There is nothing. A form of refum made by a sheriff when he has been unable to serve the writ. "Although non est inventus is the more frequent return in such a case, yet it is by n
For there is nothing generous which is not at the same time just 2 Kent, Comm. 441, note a.
- Nihil est magis rationi consentaneum quam eodem modo quodque dissolver quo conflatum etdefined inBlack's (1910)
Nothing is more consonant to reason than that a thing should be dissolved or discharged in the same way in which it was created. Shep. Touch. 323.
11 Coke, 21. An error as to a name is nothing when there is certainty as to the person.
He has nothing. The name of a return made by a sheriff to a scire facias or other writ which he bas been unable to serve on the defendant.
The court has nothing to do with what is not before it Bac. Max.
- Nihil infra regnum subditos magis conservat in tranquillitate et concordia quam debita legum administratiodefined inBlack's (1910)
Nothing preserves in tranquillity and concord those who are subjected to the same government better than a due administration of the laws. 2 Inst 158.
Nothing is more unjust than to extend equity too far. Halk. 103.
Nothing is more intolerable in law than that the same matter, thing or case should be subject to different views of law. 4 Coke, 93a. Applied to the difference of opinion entertain
A member of a secret association, (especially in Russia,) which is devoted to the destruction of the present political, religious, and social institutions. Webster.
Nothing is more just than that which is necessary. Dav. Ir. K. B. 12; Branch, Princ.
Nothing wicked Is to be presumed. 2 P. Wms. 583.
Nothing is perfect while anything remains to be done. 9 Coke, 9b.
- Nihil peti potest ante id tempus quo per rerum naturam persolvi possitdefined inBallentine's (1916)Black's (1910)
Nothing can be demanded before the time when, by the nature of things, it can be paid. Dig. 50, 17, 186.
We can do nothing against truth. Doct & Stud, dial. 2, c. 6.
There is no prescription for that which is not possessed. 5 Barn. & Aid. 277.
Nothing that is against reason is lawful. Co. Litt 97b.
Nothing that is inconvenient is law. A maxim very frequently quoted by Lord Coke, but to be taken in modern law with some qualification. Broom, Max. 186, 366.
Co. Litt. 230. Nothing la invented and perfected at the same moment.
Nothing is so becoming to authority as to live in accordance with the laws. Fleta, lib. 1, c. 17, § 11.
- Nihil tarn conveniens est naturali sequitati quam unumquodque dissolvi eo ligamine quo ligatum estdefined inBlack's (1910)
Nothing is so consonant to natural equity as that a thing shouid be dissolved by the same means by which it was bound. 2 Inst. 359; Broom, Max. 877.
- Nihil tarn conveniens est naturali sequitati quam voluntatem domini rem suam in alium transferre ratam haheredefined inBlack's (1910)
1 Coke, 100. Nothing is so consonant to natural equity as to regard the intention of the owner in transferring his own property to another.
- Nihil tarn naturale est, quam eo genere quidque dissolvere, quo colligatum est; ideo verborum obligatio verbis tollitur; nudi consensus obligatio contrario consensu dissolviturdefined inBlack's (1910)
Nothing is so natural as to dissolve anything in the way in which it was bound together; therefore the obligation of words is taken away by words; the obligation of mere consent is
Lat Nothing. A contracted form of "nihil," which sce. —Nil debet. He owes nothing. The form of the general issue in nil actions of debt on simple contract. —Nil habuit in tenementi
An example does no good which settles one question by another. Hatch v. Mann, 15 Wend. (N. Y.) 44, 49.
He owes nothing. The form of the general issue in nil actions of debt on simple contract.
A mistake in the name does not matter when the body or person ls manifest. 11 Coke, 21/; Broom, Max. 634.
- Nil habuit in tenementisdefined inBallentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Stimson (1881)
He had nothing [no interest] in the tenements. A plea in debt on a lease indented, by which the defendant sets up that the person claiming to be landlord had no title or interest.
Nothing bound; that is, no obligation has been incurred. Tray. Lat. Max.
Nothing is so opposed to consent as force and fear. Dig. 50, 17, 116.
Antiquity did nothing without a good reason. Co.. Litt 65.
Nothing should be rashly changed. Jenk. Cent. 163.
Too great certainty destroys certainty itself. Lofft, 244
Wing. Max. 26. Too much subtlety in law is discountenanced.
Hob. 344. By too much altercation truth is lost.
A thief; a pilferer.
Lat. Unless. The word is often affixed, as a kind of elliptical expression, to the words "rule," "order," "decree," "judgment," or "confirmation," to indicate that the adjudication
The name of a clause commonly occurring in the old manorial writs, commanding that, if the lords failed to do justice, the king's court or officer should do it. By virtue of this c
The nisi prius courts are such as are held for the trial of issues of fact before a jury and one presiding judge. In America the phrase is familiarly used to denote the forum (what
In practice. A clause entered on the record in an action at law, authorizing the trial of the cause at nisi prius in the particular county designated. It was first used by way of c
- Nisi prius rolldefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)
In practice. The roll or record containing the pleadings, issue, and jury process of an action, made up for use in the nisi prius court.
The old name of the writ of venire, which originally, in pursuance of the statute of Westminster 2, contained the nisi prius clause. Reg. Jud. 28, 75; Cowell.