Black's Law Dictionary

That the bill be quashed. The common-law form of '& judgment sustaining a plea in abatement, where the proceeding is by blll, i. e., by a capias instead of by original writ

A writ to exempt a clerk of the chancery from the contribution towards the proctors of the clergy in parliament, etc. Reg. Orig. 261.

A writ which lay for a clerk, who, by reason of some land he had, was made or was about to be made, bailiff, beadle, reeve or some such officer, to obtain exemption from serving th

That he aceount Judgment quod computet is a preliminary or interlocutory judgment given in the action of account-render (also in the case of creditors' bills against an executor or

What is clearly apparent need not be proved. 10 Mod. 150.

That which is done against law is regarded as not done at all. 4 Coke, 31a.

That which has bcen received against the reason of the law is not to be drawn into a precedent. Dig. 1, 3, 14.

In pleading. For that whereas. A form of introducing matter of inducement in certain actions, as assumpsit and case,

2 Inst 590. Whatever any one does in defense of his person, that he ls considered to have done legally.

2 Inst. 2. What is given to the church is given to God.

10 Coke, 113. What is added to a thing sufficiently palpable, for the purpose of demonstration, is vain.

What you doubt of, do not do. In a case of moment, especially in cases of ilfe, it is safest to hold that in practice which hath least doubt and danger. 1 Hale, P. C. 300.

In English law. The name of a writ given by St. Westm. 2, 13 Edw. I. c. 4, to the owners of a particular estate, as for life, in dower, by the curtesy or in fee-tail, who were barr

That which appears to the ceurt needs not the aid of witnesses. 2 Inst. 662.

2 Rolle, 502. That which is of necessity is never introduced, uniess when necessary.

Go. Litt 178a. That which is incenvenient or against reason is not permissible in law.

What is necessary is lawful. Jenk. Co.nt. p. 76, case 45.

When there is doubt about an act, It receives interpretation from the (known) feelings of the actor. Dig. 50, 17, 68, L

Halk. 153. That which ought to be done is easily presumed.

That which ought not to be done, when done, is valid. Broom, Max. 182.

Which was granted. A phrase in the reports, signifying that an argument or point made was conceded or acquiesced in by the court.

Jenk. Cent 116. What we have done without due consideration, upon better consideration we may revoke.

That which is void from the beginning cannot become valid by lapse of time. Dig. 50, 17, 29.

What in the civil law is called "jus," in the law of England Is said to be "rectum," (right) Co. Litt. 260; Fleta, 1. 6, c. 1, § L

Co. Litt. 260a. That which is valid in the less shall be valid in the greater; and that which is not valid in the greater shall neither be valld in the less.

That which is effectual in one of two Uke things shall be effectual in the other. Co. Litt. 191a.

That which bars those who have made a contract will bar their successors aiso. Dig. 50, 17, 148.

Lat. In the civll law. The name of an action given to one who had contracted with a son or slave, by order ot the father or master, to compel such father or master to stand to the

That which is paid by the ordor of another is the same as thongb It were paid to himself. Dig. §0, 17, 180.

That which is mine cannot be lost or transferred to another without my allenation or forfeiture. Broom, Max. 465.

That which is mine cannot be taken away without me, [without my assent.] Jenk. Cent. p. 251, case 41.

That which Is the less is held to be imported into the contract; (e. p., A offers to lure B.'s house at six himdred dollars, at the same time B. offers to let it for five hundred d

That which natural reason has established among all men is called the "law of nations." 1 Bl. Comm. 48; Dig. 1, 1, 9; Inst 1, 2, 1.

1 Bulst 71. That which is necessarily understood is not wanting.

Hale, P. C. 54. That which necessity compels, it justifies.

No agreement can avail to make that the property of any one which cannot be acquired as property. Dig. 50,17, 182.

2 Inst. 479. That which appears not ls not; and nothing appears judicially before judgment.

What Christ [the church] does not take the treasury takes. Goods of a felo de se go to the king. A maxim in old English law. Yearb. P. 19 Hen. VI. L

Which was not denied. A phrase found in the old reports, signifying that an argument or proposition was not denied or controverted by the court. Latch, 213.

Wing. Max. 19; Co.. Litt. 345a. That which has not beginning has not end.

What ls not read ls not belleved. 4 Coke, 304.

8 Coke, 78. That which is not good against the principal will not be good as to accessories or consequences; and that which Is not of force in regard to things near it wlll not be

Which note; which maria A reporter's note in the old books, directing attention to a point or rule. Dyer, 23.

That which ls the property of nobody belongs to out lord the king. Fleta, llb. 1, c. 3; Broom, Max. 354.

That which Is the property of no one is, by natural reason, given to the [first] occupant. Dig. 41, 1, 3; Inst 2, 1, 12. Adopted in the common law. 2 BL Comm. 258.

That which is null produces no effect. Tray. Leg. Max. 519.

That which touches or concerns all ought to be supported by all. 3 How. State Tv. 878, 1087.

That the parties do replead. The form of the judgment on award of a repleader. 2 Sails. 579:

That partition be made. The name of the judgment in a suit for partition, directing that a partition be effected.

What is in suspense is considered as not existing during such suspense. Dig. 50, 17. 169, 1.

What I cannot do by myself, I cannot by another. 4 Coke, 24b; 11 Coke, 87a.

That he permit. In old English law. A writ which lay for the heir of him that was disseised of his common of pasture, against the heir of the disseisor. Cowell.

That he permit to abate. In old practice. A writ, in the nature of a writ of right, which lay to abate a nuisance, 3 Bl. Comm. 221. And sce Conhocton Stone Road v. Buffalo, etc., R

What is proved by record ought not to be denied.

A writ which lay for spiritual persons, distrained in their spiritual possessions, for payment of a fifteenth with the rest of the parish. Fitzh. Nat. Brev. 175. Obsolete.

What the people have last enacted, let that be the established law. A law of the Twelve Tables, the principle of which is still recognized. 1 Bl. Comm. 89.

That which is first in intention is last in operation. Bac. Max.

That which has pleased the prince has the force of law. The emperor's pleasure has the force of law. Dig. 1, 4, 1; Inst. I 2, 6. A celebrated maxim of imperial law.

Co. Litt. 347. What is first is true; and what is first in time is better in law.

8 Coke, 48. That which is lawful as to the minor is lawful as to the major.

That he do abate. The name of a judgment upon an indictment for a nnisance, that the defendant abate such nuisance.

That which is due unconditionally is due now. Tray. Leg. Max. 519.

2 Rolle, 39. In the same manner that a thing is bound, in the same manner it is unbound.

The damage which one experiences from his own fault is not considered as his damage. Dig. 50, 17, 203.

Let every one employ himself in what he knows. 11 Coke, 10.

That which one has given, knowing it not to be due, with the intention of redemanding it, he cannot recover bach. Dig. 12', 6, 50.

That he recover. The ordinary form of judgments for the plaintiff in actions at law. 1 Archb. Pr. K. B. 225; 1 Burrill, Pr. 246.

That which is without remedy avails of itself, if there be no fault in the party seeking to enforce it. Broom, Max. 212.

Legislators pass over what happens [only] once or twice. Dig. 1, 3, 6; Broom, Max. 46.

Co. Litt. 49b. What is once mine cannot be more fully mine.

Co. Litt. 146. What a party has onco determined, in a case where he has an election, cannot afterwards be disavowed.

That if it happen. Words by which a condition might formerly be created in a deed. Litt. § 330.

That which ls granted or reserved under a certain form is not [permitted to be] drawn into valuation or compensation. Bac. Max. 26, reg. 4. That which ls granted or reserved in a c

What is understood is not wanting. 2 Ld. Rayin. 832.

What ls tacitly understood ls not considered to be wanting. 4 Coke, 22o.

Co. Litt. 319. The law requires not what is vain and useless.

Which see. A direction to the reader to look to another part of the book or to another book, there named, for further information.

What he intended he did not say or express. An answer semetimes made in overruling an argument that the law-maker or testator meant so and se. 1 Kent, Comm. 468, note; Mann v. Mann

Lat. In old English practice. A writ which lay for one that had land in which another claimed common, to compel the latter to show by what title he claimed it. Cowell; Fitzh. Nat.

2 Rolle, 21. By the same mode by which a thing is bound, by that is it released.

Lat A writ upon which all proceedings in the court of exchequer were formerly grounded. In it the plaintiff suggests that he is the king's debtor, and that the defendant has done h

Jenk. Cont. 74. In the same manner by which anything is constituted by that it is dissolved.

(Since the attachments.) One of the oldest books in the Scotch law. So called from the two first words of the volume. Jacob; Whishaw.

When a committee, board of directors, meeting of shareholders, legislative or other body of persons cannot act unless a certain number at least of them are present, that number is

Plowd. 52. "Quorum prceteip-tu" neither increases nor diminishes a sentence, but only confirms that which went before.

In old Scotch law. A twentieth part of the movable estate of a person dying, which was due to the bishop of the dio-cose within which the person resided. Bell.

A proportional part or share; the proportional part of a demand or liability, falling upon each of those who are collectively responsible for the whole,

1. The production to a court or judge of the exact language of a statute, precedent or other authority, in support of an argument or proposition advanced. 2. The transcription of p

A money ver diet the amount of which ls fixed by the following process; Each juror writes down the sum he wishes to award by the verdict; these amounts are all added together, and

Whenever the interpretation of liberty ls doubtful, the answer shonid be on the side of liberty. Dig. 50, 17, 20.

Whenever the same language expresses two meanings, that should be adopted which is the better fitted for carrying out the subject-matter. Dig. 50, 17, 67.

Whenever the language of stipulations is ambiguous, it is most fitting that that [sense] should be taken by which the subject-matter may be protected. Dig. 45, 1, 80.

Litt. 147. When in the words there is no ambiguity, then no exposition contrary to the words is to be made.

Of how many kinds; how many fold. A term of frequent occurrence in Sheppard's Touchstone.

Lat. How long; how far; until. In old conveyances It is used as a word of limitation. 10 Coke, 41.

Lat. In whatever manner.

In old English practice. A writ, in the nature of a writ of right for the king, against him who claimed or usurped any office, franchise or llberty, to inquire by what authority he

Lat. In old English practice, A writ which lay where an inquisition had been made by an escheator in any county of such lands or tenements as any man died seised of, and all that w

A query; question; doubt This word, occurring in the syllabus of a reported case or elsewhere, shows that a question is propounded as to what follows or that the particular rule, d

Lat A plaintiff; the plaintiff.