In re

In the affair; in the matter of. This is the usual method of entitling a judicial proceeding in which there are not advera bankrupt’s estate, an estate in the probate court, a proposed public highway, ete. It is also sometimes used as a designation of a preceeding where one party makes an application on his own behalf, but such proceedings are more usually entitled “Za parte. ” In re communi neminem dominorum jure facore quicquam, invito altero, posse. One co-proprietor can exercise no autherity over the common property against the will of the other. Dig. 10, 3, 28. In re communi potior est conditio prohibentis. In a partnership the condition of one who forbids is the more favorable. In ve dubia, benigniorem interpretationem sequi, non minus justius est quam tutius. In a doubtful matter, to follow the more liberal interpretation is not less the juster than the safer course. Dig. Be Ui pleas In re dubia, magis inficiatio quam affirmatio intelligenda. In a doubtful matter, the denial or negative is to be understvod, [or regarded, ] rather than the aflirm< ative. Godb, 37. In re Inpanari, testes lupanares admitteutur. In a matier concerning a brothel, prostitutes are admitted as witnesses. 6 Barb, 320, 324, In re pari potiorem causam e6sse prohibentis constat. Inathing equally shared [by several] it is clear that the party refusing [to permit the use of it] has the better cause. Dig. 10, 3, 28. A maxim applied to partnerships, where one partner has a right to withhold his assent to the acts of his copartner. 38 Kent, Comm. 46. In re propria iniquum admodum est alicui licentiam tribuere sententis. It is extremely unjust that any one should be judge in his own cause. In rebus manifestis, errat qui authoritates legum allegat; quia perspicue vera non sunt probanda. In clear cases, he mistakes who cites legal authorities; for obvious truths are not to be proved. 5 Coke, 67a. Applied to eases too plain to require the support of authority; “because,” says the report, “he who endeavors to prove them obscures them.” In rebus que sunt favorabilia anim, {In things that are favorable to the spirit, though injurious to things, an extension of a statute should sometimes be made.