Black's Law Dictionary

A thing done between others, or between third parties or strangers. See Chicago, etc., R. Co. v. Schmitz, 211 111.446, 71 N. E. 1050.

Things done between strangers ought not to injure those who are not parties to thein. Ch Litt 132; Broom, Max. 954, 967.

Matters adjudged in a cause do not prejudice those who were not parties to it Dig. 44, 2, L

The thing speaks for itself. A phrase used in actions for injury by negligence where no proof of negligence is required beyond the accident itself, which is such as necessarily to

To oppose. This word properly describes an opposition by direct action and quasi forcible means. State v. Welch, 37 Wis. 196.

The act of resisting opposition; the employment of forcible means to prevent the execution of an endeavor in which force is employed. See U. S. v. Jose (C. C.) 63 Fed. 954; U. S. v

In criminal law, the offense of obstructing, opposing, and endeavoring to prevent (with or without actual force) a peace officer in the execution of a writ or in the lawful dischar

A matter adjudged; a thing judicially acted upon or decided; a thing or matter settled by judgment. A phrase of the civil law, constantly quoted in the books. 2 Kent, Comm. 120.

A thing adjudged [the solemn judgment of a court] makes white, black; black, white; the crooked, straight; the straight, crooked. 1 Bouv. Inst. no. 840.

A matter adjudged is token for truth. Dig. 50, 17, 207. A matter decided or passed upon by a court of competent jurisdiction is received as evidence of truth. 2 Kent, Comin. 120.

In Roman law, things which are in litigation ; property or rights which constitute the subject-matter of a pending action.

In Roman law. Certain classes of things which could not be aliened or transferred except by means of a certain formal ceremony of conveyance called "mancipatio," (q. vt) These incl

In the civil law. Movable things; things which may be transported 'from one place to another, without injury to their substance and form. Things corresponding with the chattels per

A new matter; a new case; a question not before decided.

The property of nobody. A thing which has no owner, either because a former owner has finally abandoned it or because it has never been appropriated by any person or because (in th

In Spanish colonial law. An opinion formed by some superior authority on matters referred to its decision, and forwarded to inferior authorities for their instruction and governmen

The determination or decision, in regard to its opinion or intention, of a deliberative or legislative body, public assembly, town councll, board of directors or the like. Also a m

In Scotch conveyancing. Having the quality or effect of resolving or extinguishing a right. Bell.

The right of the grantor being extinguished, the right granted is extinguished. Mackeld. Rom. Law, 179; Broom, Max. 467.

See CoNDITION.

n. A court whose decision is final and without appeal is, in reference to the particular case, said to be a "court of last resort." v. To go back. "It resorted to the line of the m

Money or any property that can be converted into supplies; means of raising money or supplies; capabllities of raising wealth or to supply necessary wants; available means or capab

A writ for respiting a sheriff's account addressed to the treasurer and barons of the exchequer. Reg. Orig. 139.

In old English and Scotch law. Respite; delay; continuance of time; postponement.

A phrase used to express that, when a thing is lost or destroyed, it is lost to the person who was the owner of it at the time. Broom. Max. 238.

9 Coke, 76. The value of a thing is estimated according to its worth in money, but the value of money is not estimated by reference to a thing.

The judge must see that no order be made or judgment given or sentence passed either more harshly or more mildly than the case requires; he must not seek renown, either as a severe

The temporary suspension of the execution of a sentence; a reprieve; a delay, forbearance or continuation of time. 4 Bi. Comm. 394; Mishler v. Com., 62 Ila. 55, 1 Am. Rep. 377. Con

Adjourning an appeal to some future time. Brown.

To dispense with the performance of homage by tenants who held their lands in consideration of performing homage to their lords. Cowell.

1. To make or file an answer to a blll, libel or appeal, in the character of a respondent, (q. v.) 2. To be llable or answerable; to make satisfaction or amends; as, to "respond in

Upon an issue in law arising upon a dilatory pica, the form of judgment for the plaintiff is that the defendant answer over, which is thence called a judgment of "respondeat ouster

Hob. 99. Let the ravisher answer, for he cannot be ignorant that he has taken away another's ward.

Let the master answer. This maxim means that a master is liable in certain cases for the wrongful acts of his servant, and a principal for those of his agent Broom, Max. 843. See S

In Scotch practice. A book kept by the directors of chancery, in which are entered all non-entry and re-llef duties payable by heirs who take precepts from chancery. Bell.

The party who makes an answer to a bill or other proceeding in chancery. The party who appeals against the judgment of an interior court is termed the "appellant;" and he who conte

The hypothecation of the cargo or goods on baard a ship as security for the repayment of a loan, the term "bottomry" being confined to hypothecations of the ship herself; but now t

His superior or master shall answer. Articuli sup. Chart, c. 18.

Lat In pleading. The prayer of a plea where the defendant insists that he ought not to answer, as when he claims a privilege; for example, as being a member of congress or a foreig

In old English law. One who appeared for another. In ecclesiastical law. A proctor.

He who appears and answers for another in court at a day assigned; a proctor, attorney or deputy. 1 Reeve, Eng. Law, 169.

Lat. Answers of jurists; responses given upon cases or questions of law referred to them, by certain learned Roman jurists, who, though not magistrates, were authorized to render s

The obligation to answer for an act done, and to repair any injury it may have caused.

To say that a person is "responsible" means that he is able to pay a sum for which he is or may become liable or to discharge an obligation which he may be under. Farley v. Day, 26

This term generally designates that species of governmental system in which the responsibility for public measures or acts of slate rests upon the ministry or executive council, wh

The answer of one witness shall not be heard at nil. A maxim of the Roman law of evidence. 1 Greenl. Ev, § 260.

Answering; censtltuting or comprising a complete answer. A "responsive allegation" is one which directly answers the allegation it is intended to meet.

In the civil law. Things the property of one or more individuals. Mackeld. Rom. Law, § 157.

A thing is private which is not common. LeBreton v. Miles, 8 Paige (N. Y.) 261, 270.

Things which have not yet been introduced within the enemy's lines, although held by the enemy, do not need the fiction of postliminy on this account, because their ownership by th

Every-day matters; familiar points or questions.

Things pertaining to religion. In Roman law, especially, burial-places, which were regarded as sacred, and could not be the subjects of commerce.

In the civil law. Sacred things. Things consecrated by the pontiffs to the service of God; such as sacred edifices, and gifts or offerings. Inst. 2, 1, 8. Chalices, crosses, censer

A sacred thing does not admit of valuation. Dig. 1, 8, 9, 5.

In the civil law. Holy things; such as the walls and gates of a city. Inst2, 1, 10. Walls were said to be holy, because any offense against them was punished capitally. Bract, fol.

The taking of lands into the hands of the crown, where a general livery or ouster le main was formerly misused.

4 Macq. H. Lt Cas. 151. No one can have a servitude over his own property.

n. Rests are periodical balancings of an account, (particularly in mortgage and trust accounts,) made for the purpose of converting interest into principal, and charging the party

Passing it a second time through the proper offico, whereupon it receives a new stamp. 1 Chit Arch. Pr. 212.

This term, as currently understood, means only or chiefly, an eating-house; but it has no such fixed and definite legal meaning as necessarily to exclude its being an "inn" in the

The remedy or recourse which marine underwriters have against cach other, according to the date of their assurances or against the master, if the loss, arise through his default, a

Lat. In the civil law. Restoration or restitution to the previous condition. This was effected by the prætor on equitable grounds, at the prayer of an injured party, by rescinding

In maritime law. When a portion of a ship's cargo is lost by Jettison, and the remainder saved, and the articles so lost are replaced by a general contribution among the owners of

A writ to restore a man to the church, which he had recovered for his sanctuary, being suspected of felony. Reg. Orig. 69.

A writ addressed to the sheriff, to restore the temporalities of a bishopric to the bishop elected and confirmed. Fitzh. Nat. Brev. 169

In English ecclesiastical law. A species of matrimonial cause or suit which is brought whenever either a husband or wife is gnilty of the injury of subtraction, or lives separate f

In Scotch law. A minor on attaining majority may obtain relief against a deed previously executed by hint, which may be held void or voidable according to circumstances. This is ca

To limit, confine, abridge, narrow down or restrict. To prohibit from action; to put compulsion upon; to restrict; to hold or press back. To enjoin, (in equity.)

An order in the nature of an injunction. See Order.

Restrictions or limitations imposed upon the exercise of a power by the donor thereof.

A statute which restrains the common law, where it is too lax and luxuriant. 1 Bl. Comm. 87. Statutes restraining the powers of corporations in regard to leases have been se called

Confinement, abridgment or limitation. Prohibition of action; holding or pressing back from action. Hindrance, confinement or restriction of liberty. "What, then, according to a co

A contract, covenant, bond, or devise is "in restraint of marriage" when its conditions unreasonably hamper or restrict the party's freedom to marry, or his choice, or unduly postp

Co.ntracts or combinations in restraint of trade are such as tend or are designed to eliminate or stifle competition, effect a monopoly, artificially maintain prices, or otherwise

where property is given to a married woman to her separate use, without power of alienation. Defined under Restraint in Black's Law Dictionary.

The thing passes with its burden. Where a thing has been incumbered by mortgage, the incumbrance follows it wherever it goes. Bract, fols. 47b, 48.

In the case of land registered under the English land transfer act, 1875, a restriction is an entry on the register made on the application of the registered proprietor of the land

An indorsement may be so worded as to restrict the further negotiability of the instrument, and it is then called a "restrictive indorsement." Thus, "Pay the contents to J. S. only

In law, a thing is said to result when, after having bcen ineffectually or only partially disposed of, it comes back to Its former owner or his representatives. Sweet. —Resulting t

See Use.

One that arises by implication of law, or by the operation and construction of equity, and which is established as consonant to the presumed intention of the parties as gathered fr

In practice. A second summons. The calling a person a second time to answer an action, where the first summons is defeated upon any occasion; as the death of a party or the like. C

In old English law. The taking again into the king's hands such lands or tenements as before, upon false suggestion or other error, he had delivered to the heir or granted by lette

In the civil law. Things belonging to a community, (as, to a municipality,) the use and enjoyment of which, according to their proper purpose, is free to every member of the commun

Where copyhold land has been mortgaged by surrender, and the mortgagee has bcen admitted, then, on the mortgage debt being paid off, the mortgagor is entitled to have the land reco

To sell by small parcels, and not in the gross. To sell in small quantities. State v. Lowenhaught, 11 Lea (Tenn.) 13; Bridges v. State, 37 Ark. 224; McArthur v. State, 69 Ga. 444;

A merchant who buys articles in gross or merchandise in large quantities, and sells the same by single articles or in small quantities.

In practlco. To engage the services of an attorney or counsellor to manage a causa See Retainer, 2. —Retaining a cause. In English practice. The act of one of the divisions of the

1. The right of retainer ls the right which the executor or administrator of a deceased person has to retain out of the assets sufficient to pay any debt due to him from the deceas

In English practice. The act of one of the divisions of the high court of justice in retaining jurisdiction of a cause wrongly brought in that division instead of another. Under th

A fee given to counsel on engaging his services for the trial of the cause.

The lien which an attorney has upon ali his client's papers, deeds, vouchers, etc., which remain in his possession, entitling him to retain them until satisfaction of his claims fo

The taking one's goods, from another, who without right has taken possession thereof.

The lex talionis, (q. v.)

In old English law. Retell; the cutting up again or division of a commodity into smaller parts.

In old English law. Restraint; detainment; withholding.

In Scotch law. A species of lien; the right to retain possession of a chattel until the lienor is satisfied of his claim upon the article itself or its owner.

A retinue or persons retained by a prince or nobleman. Cowell.

An applied to Mils of exchange, this word is ambiguous. It is commonly used of an indorser who takes up a bill by handing the amount to a transferee, after which the indorser holds

In Lat In old English law. A clipper of money. Fleta, llb. 1, c. 20, § 122.