claim

any right to payment that is "unliquidated," "contingent," "unmatured," or "disputed," 11 U.S.C.

+ 5 more definitions — see all 13 over time

A challenge of the ownership of a thing which is wrongfully withheld from the possession of the claimant. Plowd. 359. See 1 Dall. (Pa.) 444; 12 Serg. & R. (Pa.) 179. The owner of property proceeded against in admiralty by a suit in rem must present a claim to such property, verified by oath or affirmation, stating that the claimant by whom or on whose behalf the claim is made, and no other person, is the true and bona fide owner thereof, as a necessary preliminary to his making defense. 2 Conkl. Adm. 201-210. A demand entered of record of a mechanic or materialman for work done or material furnished in the erection of a building, In certain counties in Pennsylvania. The assertion of a liability to the party making it to do some service or pay a sum of money. See 16 Pet. (U. S.) 539. The possession of a settler upon the wild lands of the government of the United ' States; the lands which such a settler holds possession of.

A challenge of the ownership of a thing which is wrongfully withheld from the possession of the claimant. Plowd. 359. See Cummings v. Lynn, 1 Dall. (U. S.) 444, 1 L. Ed. 215; Willing v. Peters, 12 S. & R. (Pa.) 177.

In a popular sense, claim is a right to claim; a just title to something in the possession or at the disposal of another. Steele v. State, 159 Ala. 9, 48 South. 673. The owner of property proceeded against in admiralty by a suit in rem must present a claim to such property, verified by oath or affirmation, stating that the claimant by whom or on whose behalf the claim is made, and no other person, is the true and bona fide owner thereof, as a necessary preliminary to his making defence; 2 Conkl. Adm. 201- 210. A demand entered of record of a mechanic or material man for work done or material furnished in the erection of a building, in Pennsylvania and some other states. The assertion of a liability to the party making it to do some service or pay a sum of money. See Prigg v. Pennsylvania, 10 Pet (U. S.) 539, 10 L. Ed. 1000. The possession of a settler upon the wild lands of the government of the United States; the lands which such a settler holds possession of. The land must be so marked out as to distinguish it from adjacent lands; Sargeant v. Kellogg. 5 Gilman (111.) 27a Such claims are considered as personalty in the administration of decedents' estates; Stewart v. Chadwick, 8 la. 463; are proper subjects Of sale and transfer; Hill v. Smith, Morris (la.' 70; Freeman v. Holliday, Morris (la.) SO; Wilson v. Webster, Morris (la.) 312, 41 Am. Dec 230; Stewart v. I wick, 8 la. 463; Turney v. Saunders, 4 Scam. (111.) 531; the possessor Icing required to deduce a regular title from the first occupant to maintain ejectment; Turney v. Saunders, 4 Scam. (111.' 531; and a sale furnishing sufficient consideration for a promissory note; Freeman v. Holliday, Morris (la.) SO; Starr v. Wilson. Morris (la.) 4:'.^; Pierson v. David, 1 la. 23. An express pr to pay for improvements made by "claimants" is good, and the proper amount to be

n. 1. A challenge of the property or ownership of a thing which is wrongfully withheld from the possession of the claimant Stowel v. Zouch, Plowd. 359; Robinson v. Wiley, 15 N. Y. 491; Fordyce v. Godman, 20 Ohio St 14; Douglas v. Beasley, 40 Ala. 147; Prigg v. Pennsylvania, 16 Pet. 615, 10 L Ed. 1060; U. S. v. Rhodes (C. O.) 30 Fed. 433; Silliman v. Eddy, 8 How. Prae. (N. Y.) 123. A claim is a right or title, actual or supposed, to a debt, privilege, or other thing in the possession of another; not the possession, but the means by or through which the claimant obtains the possession or enjoyment. Lawrence v. Miller, 2 N. Y. 245, 254. A claim is, in a just, juridical sense, a demand of some matter as of right made by one person upon another, to do or to forbear to do some act or thing as a matter of duty. A more limited, but at the same time an equally expressive, definition was given by Lord Dyer, that "a. claim is a challenge by a man of the propriety or ownership of a thing, which he has not in possession, but which is wrongfully detained from him." Prigg v. Pennsylvania, 16 Pet. 615, 10 L. Ed. 1060. "Claim" has generally been defined as a demand for a thing, the ownership of which, or an interest in which, is in the claimant, but the possession of which is wrongfully withheld by another. But a broader meaning must be accorded to it. A demand for damages for criminal conversation with plaintiff's wife is a claim; but it would be doing violence to language to say that such damages are property of plaintiff which defendant withholds. In common parlance the noun "claim" means an assertion, a pretension; and the verb is often used (not quite correctly) as a synonym for "state," "urge?' "insist," or "assert." In a statute authorizing the courts to order a bili of particulars of the "claim" of either party, "claim" is co-extensive with "case," and embraces ali causes of action and all grounds of defense, the pleas of both parties, and pleas in confession and avoidance, no less than complaints and counter-claims. It warrants the court in requiring a defendant who justifies in a libel suit to furnish particulars of the facts relied upon in justification. Orvis v. Jennings, 6 Daly (N. Y.) 446. 2. Under the mechanic's lien law of Pennsylvania, a demand put on record by a mechanic or material-man against a building for work or material contributed to its erection is calied a "claim." 3. Under the land laws of the United States, the tract of land taken up by a pre-emptioner or other settler (and also his possession of the same) is calied a "claim." Railroad Co., v. Abink, 14 Neb. 95, 15 N. W. 317; Bowman v. Tore, 3 Iowa, 573. 4. In patent law, the claim is the specification by the applicant for a patent of the particular things in which he insists his invention is novel and patentable; it is the clause in the application in which the applicant defines precisely what his invention is. White v. Dunbar, 119 In S. 47, 7 Sup. Ch 72, 30 Ia Ed. 303; Brammer v. Schroeder, 106 Fed. 930, 46 C. C. A. 41.

— Adverse claim. A claim set up by a stranger to goods upon which the sheriff has levied an execution or attachment

— Claim and delivery. An action at law for the recovery of specific personal chattels wrongfully taken and detained, with damages which the wrongful taking or detention has caused; in substance a modem modification of the common-law action of replevin. Fredericks v. Tracy, 98 Cal. 658, 33 Pac. 750; Railroad Co., v. Gila County, 8 Ariz. 292, 71 Pac. 913.

— Claim in equity. In English practice. In simple cases, where there was not any great conflict as to facts, and a discovery from a defendant was not sought, but a reference to chambers was nevertheless necessary before final decree, which would be as of course, ali parties being before the court, the summaiy proceeding by claim was sometimes adopted, thus obviating the recourse to plenary and protracted pleadings. This summary practice was created by orders 22d April, 1850, which came into operation on the 22d May following. See Smith, Ch. Pr. 664. By Consolid. Ord. 1860, viii, r. 4, claims were abolished. Wharton.

— Claim of conusance. In practice. An intervention by a third person in a suit, claiming that he has rightful jurisdiction of the cause which the plaintiff has commenced out of the claimant's court. Now obsolete. 2 Wils. 400; 3 Bl. Comm. 298.

— Claim of liberty. In English practice. A suit or petition to the queen, in the court of exchequer, to have liberties and franchises confirmed there by the attorney general.

— Counter-claim. A claim set up and urged by the defendant in opposition to or reduction of the claim presented by the plaintiff. See, more fully, ChuNTEB-Cjj,AiM.

A challenge or demand of the property or ownership or of some interest in a thing which the person demanding has not in possession, but which is withheld from him unlawfully; a demand of some matter as of right made by one person upon another, to do or to forbear to do some act or thing as a matter of duty. V. Counter-claim; Non-claim.

e To demand as one’s own; to assert a personal] right to any property or any right; to demand the possession or enjoyment of something rightfully one’s own, and wrongfully withheld.

2 A challenge by a man of the propriety [property] or ownership of a thing which he has not in possession, but which is wrongfully detained from him.' In a juridical sense, a demand of some matter as of right made by one person upon another, to do or to forbear to do some act or thing as a matter of duty.'' A more limited but equally explicit definition is that given by Lord Dyer in Stowel's Case.*< ' The assertion, demand, or challenge of something as a right, or the thing thus demanded or challenged.* 1 [1 Story, Const. § 791. L. clamare, to call out, demand. s Stowel V. Zouoh, 1 Plow. 359 (1568), Lord Dyer. The subject-matter of a claim is the facts or circumstances out of which the claim arises or by reason of which the supposed right accrues.' Something asked for or demanded on the one hand and not admitted or allowed on the other. When the demand is admitted it is not a mere claim, but a debt. It no longer rests in mere clamor or petition, but is something done upon whicli an action maybe maintained. Thus, "a claim upon the United States " (E. S. § 3477) is something in the nature of a demand for damages arising" out of some alleged act or omission of the government, but not yet provided for or acknowledged by law. Every account upon which any siun of money or other thing is or is claimed to be due to the person presenting it is a claim or demand; but every claim, or demand is not an " account." The,terms, however, may be used synonyniously.s May refer to such deb't or demand against a decedent as might have been enforced against him in his life-time by personal action for the recovery of money, and upon which only a money judgment could have been rendered.* Claims against an estate are those in existence at the death of the deceased. Other claims are properly denominated "expenses of administration."'' See Demand, 1. Referring to public lands, relates to a settler's right or improvement on land the fee of which is in the government.* Within the meaning of Rev. St., § 3438, providing for the punishment of any person who prefers a claim (pension) against the Government, knowing the same to be false, " claim " is not used in the sense of a demand theretofore presented, but of a demand then existing, and known to be wrongful. The act of presenting it in the fii'st instance is denounced as a crime. ' Under that section one is guilty who presents a claim which he believes to be just, but seeks to substantiate by the affidavit of a person who, to his knowledge, certifies to a fact of which the affiant knows nothing. Adverse claim. See Possession, Adverse. Claim and delivery; claim-bond. See Replevin, 1. ' Fordyce v. Godman, ante. 2 Dowell V. Cardwell, 4 Saw. 238 (1877), Deady, J. ' Stringham v. Supervisors, 24 Wis. 600 (1869), Dixon, C. J.; 43 id. 644; 66 id. 170, 245; 40 Ala. 147. 1 Fallon V. Butler, 21 Cal. 33 (1862), Field, C. J.; Mo Causland's Estate, 52 id. 577 (1878); 9 id. 616; 38 id. 23. 88; 46 id. ICO; 9 Greg. 391; 2 N. Y. 254; 43 id. 413. 'Dodsonu Nevitt, 6 Mouta. 530 (1885); Mc Laughlin V. Winner, 63 Wis. 128 (1885). ' Bowman v. Torr, 3 Iowa, 574 (1856); United States V. Wilcox, 4 Blatch. 388-89 (1859). ' United States v. Rhodes, 30 F. R. 433 (1887), Brewer, J. Claim of title. See Color, 3. Of title. Claimant. 1. One who demands a thing as a matter of right. 3. One who has filed a claim as the law requires. I 3. In admiralty, a person admitted to defend a libel in rem, q. v. A bona fide claimant to land is one who supposes that he has a good title and knows of no adverse' claim.'' See Faith, Good. ' Under preemption laws " claim " and " claimant " are frequently used in connection with the right to acquire title to a part of the public lands upon compliance with the laws.' Counter-claim. A cross-demand, existing in favor of a defendant. Includes ife- Goupment and set-off. " Counter " means contrary to, contrary way, opposition; and "claim," the demand of anything that is in the possession of another, the right to demand of another.* The term of itself imports a claim opposed to, or which qualifies, or at least in some degree affects, the plaintiff's cause of action or the right to the relief to which he would otherwise be entitled by his action. " Consists of a set-off or claim by way of recoupment, or is in some way connected with the action stated in the complaint." ° Is -broader than "set-off;" includes not only demands the subject of set-off and recoupment, but equitable demands. " Under the laws of many States, if the claim and coimter-claim are both established, the latter reduces the former; but if the counter-claim alone is established, judgment is recovered tor the amount of it. See further Set-off. Non-claim. Omission or neglect to make a demand; failure to assert a claim within the time limited by law. "An infant shall lose nothing by non-claim, or neglect to demand his x'ight." ' A statute of non-claim has all the characteristics of a statute of limitations. See Affidavit, Of claim; Courts, United States; Disclaimer; Interplead; Quitclaim; Reclaim; Stale. ' [Adams V. WoitUI, 46 Ga. 295 (187-'). 'Morrison v. Robinson, 31 Pa. 459(18-8): 1 Wash. 79. See also 13 F. R. 152, = United States v. Spaulding, 3 Dak. 92-93 (1882). * [Great Western Ins. Co. v. Pierce, 1 Wyom. 49-60 (1872). Fisher, C. J. i Dietrich v. Koch, 35 Wis. 626 (1874), Lyon, J.: 24. How. Pr. 329, 33i; 23 Barb. 143; 21 N. Y. 191, 19o'; 63 id. 549; 40 Ark. 78; 7 Ind. 533; 3 Pars. Contr. 741; Roberts V. Donovan, 70 Cal. 113 (1886), cases. In actions ex delicto, see 20 Cent. Law J. 363-65 (1886), cases. = Roberts v. Donovan, 70 Cal. n.3 (1886), cases; Cal. Code Civ. Proc, §438.

[L. Lat. clametus, clamea, clamium, clamor; vendicatio.] A challenge [or demand] by any man of the property or ownership of a thing, [or of some interest in it,] which he has not in possession, but which is withholden from him unlawfully. Termes de la ley. Cowell. Blount. Litt. sect. 420. Plowd. 359 a; Stowell v. Zouch. A demand of some matter as of right made by one person upon another, to do or to forbear to do some act or thing as a matter of duty. Story, J., 16 Peters' R. 539, 615.

A claim isa challenge of the ownership of a thing which a man has not in possession, and is wrongfully withheld by another. Plowd. 359, see 1 Dall. 444; 12 8. & R. 179. In Pennsylvania the entry of the lien of a mechanic or material man for work done or labour furnished in the erection of a building, in those counties to which the lien laws extend, is called a claim.