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Equal

Defined in 3 dictionaries — Ballentine's (1916), Black's (1910), Anderson (1889)

Ballentine's Law Dictionary

James A. Ballentine · 1916

Impartial; not discriminating; unbiased; uniform.

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

Alike; uniform; on the same plane or level with respect to efficiency, worth, value, amount, or rights. People v. Hoffman, 116 III. 587, 5 N. E. 600, 56 Am. Rep. 793.

Equal and uniform taxation. Taxes are said to be "equal and uniform" when no person or class of persons in the taxing district, whether it be a state, county, or city, is taxed at a different rate than are other persons in the same district upon the same value or the same thing, and where the objects of taxation are the same, by whomsoever owned or whatsoever they may be. Norris v. Waco, 57 Tex. 64i; People v. Whyler, 41 Cal. 355; The Railroad Tax Cases (C. C.) 13 Fed. 733 ; Ottawa County v. Nelson, 19 Kan. 239.

Equal degree. Persons are said to be related to a decedent "in equal degree" when they are all removed by an equal number of steps or degrees from the common ancestor. Fidler v. Higgins, 21 N. J. Eq. 162; Helmes v. Elliott, 89 Tenn. 446, 14 S. W. 930, 10 In R. A. 535.

Equal protection of the laws. The equal protection of the laws of a state is extended to persons within its jurisdiction, within the meaning of the constitutional requirement, when its courts are open to them on the same conditions as to others, with like rules of evidence and modes of procedure, for the security of their persons and property, the prevention, and redress of wrongs, and the enforcement of contracts; when they are subjected to no restrictions in the acquisition of property, the enjoyment of personal liberty, and the pursuit of happiness, which do not generally affect others; when they are liable to no other or greater burdens and charges than such as are laid upon others; and when no different or greater punishment is enforced against them for a violation of the laws. State v. Montgomery. 94 Me. 192, 47 Atl. 165, 80 Am. St. Rep. 386. And see Duncan v. Missouri, 152 U. S. 377, 14 Sun. Ct. 570, 38 In Ed. 485; Northern Pac. R. Co. v. Oarland, 5 Mont. 146, 3 Pac. 134; Missouri v. Lewis, 101 U. S. 25, 25 L. Ed. 989; Co.tting v. Godard. 183 U. S. 79. 22 Sup. Ct. 30, 46 L. Ed. 92; State Board of Assessors v. Central R. Co.. 48 N. J. Law, 146 4 Atl. 578; Minneapolis & St. L. It. Co. v. Beckwith, 129 In S. 26, 9 Sup. Ct. 207, 32 L. Ed. 585.

A Dictionary of Law

William C. Anderson · 1889

5 Compare Equivalent. Like or alike in quality, degree, amount, or merit; corresponding; uniform; the same: as, equal provision, equity, protection, rights. Equal to. Not less than: as, in an agreement to keep the number of boats in a freight line " equal to" the number leased. 6 > Koehler v. HUl, 60 Iowa, 557, 5B6 (1883), Seevers, J. ^SeeSBl. Com. 180. = Corwin v. Hood, 58 N. H. 402 (1878); Se Swigert, 119 HI. 89 (1886). ' Pohalski v. Mutual Life Ins. Co., 36 N. Y. Super. Ct. 853 (1873); affirmed, 56 N. Y. 640 (1874). = L. cequalis: ceguus, even, level, exact; jiist, right, fair. Equally. In a will, may mean not that shares are to be held in the same manner, but as equal in quantity.! A per capita division is intended by "divided equally," whether the devisees are children ard grandcliildren, brother or sisters, nephews or, nieces, or strangers in blood to the testator." When a testator designates the objects of his gift by their relationship to a living ancestor, they take equal shares, per capita. But this rule will be controlled by the general intention of the testator." "Equality is equity," and where distribution is to be made among two or more, without anything to indicate the proportions, the presumption is that the shares are equal.* An estate given to two persons, " equally to be divided " between them, is, under a deed, a joint tenancy; under a will, a tenancy in common. In the case of a deed is implied no more than the law has annexed to the estate, viz., divisibility; in the case of a will, the devisor may be presumed to have meant ■ what is most beneficial to both devisees." Equality. Uniformity, likeness; sameness: as, of civil liberty. See Citizen, Amendment, XIV; Equity; Tax, 3.