Inde

Thereof; therefrom; therefore or therewith.

INDE DATAE LEGES NE FORTIOR OMnfa posset

Laws were made lest the stronger should have unlimited power. Dav. 36. title of the plea substituted in England for nil debet. INDEBITATUS ASSUMPSIT (Lat.) In pleading. That species of action of assumpsit in which the plaintiff alleges, in his declaration, first a debt, and then a promise in consideration of the debt to pay the amount to the plaintiff. It is so called from the words in which the promise is laid in the Latin form, translated in the modern form, "being indebted he promised." The promise so laid is generally an implied one only.

See 1 Chit. PI. 334; Steph. PL 318; 4 Robinson, Prac. 490 et seq.; Yelv. 21; 4 Coke, 92b.

This form of action is brought to recover in damages the amount of the debt or demand. Upon the trial the jury will, according to evidence, give verdict for whole or part of that sum.

3 Sharswood, Bl. Comm. 155; Selw. N. P. 68, 69 et seq.

Indebitatus assumpsit is in this distinguished from "debt" and "covenant," which proceed directly for the debt, damages being given only for the detention of the debt. Debt lies on contracts by specialty as well -as by parol, while indebitatus assumpsit lies only on parol contracts, whether express or implied.

Browne, Actions at Law, 317.

For the history of this form of action, see 3 Reeve, Hist. Com. Law; 2 Comyn, Cent. 549-556; 1 H. Bl. 550, 551; 3 Bl. Comm. 154; Yelv. 70. See "Assumpsit." ■ INDEBITI SOLUTIO (Lat.) In civil law. The payment to one of what is not due to him. If the payment was made by mistake, the civilians recovered it back by an actipn called condictio indebiti. With us, such money may be recovered by an action of assum/psit. INDEBITUM (Lat.) In civil law. Not due or owing.

Dig. 12. 6; Calv. Lex.