Condescendence

In the Scotch law. A part of the proceedings in a cause, setting forth the facts of the case on the part of the pursuer or plaintiff. CONDICTIO (Lat. from condicere.)

In civil law. An assignment; a summons. A personal action; an action arising from an obligation to do or give some certain, precise, and defined thing. Inst. 3. 15. pr. Condictio is a general name given to personal actions, or actions arising from obligations, and is distinguished from vindicatio (real action), an action to regain possession of a thing belonging to the actor, and from mixed actions (actiones mixtae). Condictio is also distinguished from an action ex stipulatu, which is a personal action which lies where the thing to be done or given is uncertain in amount or identity. See Calv. Lex.; Halifax, Anal. 117. Condictio Certi. An action which lies upon a promise to do a thing, where such promise or stipulation is certain, si certa sit stipulatio. Inst. 3. 16. pr.; Id. 3. 15. pr.; Dig. 12. 1; Bracton, fol. 103b; Fleta, lib.. 2, c. 60, § 23. —

— Condictio ex Lege. An action arising where the law gave a remedy, but provided no appropriate form of action. Calv. Lex. Condictio Indebitati. An action which lies to recover that which the plaintiff has paid to the defendant, by mistake, and which he was not bound to pay, either in fact or in law. This action does not lie if the money was due ex aequitate, or by a natural obligation, or if he who made the payment knew that nothing was due; for qui consulto dat, quod nan debet, praesumitur donare. Bell, Diet.; Calv. Lex.; 1 Kames, Eq. 307. Condictio Rei Furtivae. An action against the thief or his heir to recover the thing stolen. Condictio Sine Causa. An action by which anything which has been parted with without consideration may be recovered.^ It also lay in case of failure of consideration, under certain circumstances. Calv. Lex. CONDITIO (Lat.) A condition. Bracton, fols. 19, 47.

In the Scotch law. <A part of the proceedings in a cause, setting fortii the facts of the case on the part of the pursuer or plaintiff.