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Remitter

The Cyclopedic Law Dictionary · Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

The Cyclopedic Law Dictionary

To be placed back in possession. When one having a right to lands is out of possession, and afterwards the freehold is cast upon him by some defective title, and he enters by virtue of that title, the law remits him to his ancient and more certain right, and, by an equitable fiction, supposes him to have gained possession under it.

3 Bl. Comm. 190; Comyn, Dig. "Remitter."

REMITTERE (Lat. from re, again, and mittere, to send). In old English practice. To send back; to give up or relinquish; to remise or release. Postea jus suum remisit, et qwietum clamavit, afterwards remised and quitclaimed his right. Bracton, fol.

313b.

To remand on habeas corpus.

3 How. St. Tr. 161.

REMITTIT DAMNA (Lat. he releases damages). An entry on the record, by which the plaintiff declares that he remits the damages or a part of the damages which have been awarded him by the jury, is so called. In some cases, a misjoinder of actions REMITTITUR DAMNUM (or DAMNA).

In practice

The act of the plaintiff upon the record, whereby he abates or remits the excess of damages found by the jury beyond the sum laid in the declaration.

See 1 Saund. 285, note 6; 4 Conn, 109; Bouv. Inst. Index.