Instancia
Defined in 5 dictionaries — Cyclopedic (1922), Ballentine's (1916), Bouvier (1914), Black's (1910), Black's (1891)
The Cyclopedic Law Dictionary
Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922
In Spanish law. The institution and prosecution of a suit from its inception until definitive judgment. The first instance, primera instancia, is the prosecution of a suit before the judge competent to take cognizance of it at its inception; the second instance, secunda instancia, is the exercise of the same action before the court of appellate jurisdiction; and the third instance, tercera instancia, is the prosecution of the same suit, either by an application of revision before the appellate tribunal, that has already decided the cause, or before some higher tribunal, having jurisdiction of the same. All civil suits must be tried and decided, in the first instance, within three years; and all criminal, within two years. As a general rule, three instances are admitted in all civil and criminal cases. Const. 1812, art. 285. * INSTANS EST FINIS UNIUS TEMPORIS et principium alterius. An instant is the end INSTANTER (Lat.) Immediately; presently; instantly; forthwith; without any delay or the allowance of any time. This term, it is said, means that the act to which it applies shall be done within twenty-four hours; but a doubt has been suggested by whom is the account of the hours to be kept, and whether the term "instanter," as applied to the subject matter, may not be more properly taken to mean "before the rising of the court," when the act is to be done in court, or "before the shutting of the office the same night," when the act is to be done there. 1 Taunt, 343; 6 East, 587, note (e); Tidd. Prac. (3d Ed.) 508, note; 3 Chit. Prac. 112. See 3 Burrows, 1809; Co. Litt. 157; Styles, Reg. 452; 20 111. App. 110, Pleading. An order that the defendants plead instanter technically means within the judicial day then begun. 1 Bouvier Law Die. 645; 20 111. App. 110. It is probably true that the term, as ordinarily used, is understood to mean instantly, immediately, or at once, so that upon such a rule, a default may follow the entry of the rule, and this, in effect, makes the rule unnecessary, for the default might as well be entered without it. 53 111, App, 160, 161, INSTAR (Lat.) Like; resembling; equivalent; as, instar dentium, like teeth; instwr omnium, equivalent to all, INSTAURUM (Law Lat.) In old English deeds. A stock or store of cattle, and other things; the whole stock upon a farm, including cattle, wagons, ploughs, and all other implements of husbandry. 1 Mon. Angl. 548; Pleta, lib. 2, c. 68, § 1; Id. c. 72, § 7. Terra instaurata, land already stocked, or furnished with all things necessary to carry on the use or occupation of a farm.
Ballentine's Law Dictionary
James A. Ballentine · 1916
Bouvier's Law Dictionary and Concise Encyclopedia
John Bouvier; revised by Francis Rawle · 1914
In Spanish Law. The Institution and prosecution of a suit from its inception until definitive judgment The first instance, “primera insiancia,” is the prosecution of the suit before the judge competent to take cognizance of it at its Inception: the second instance, "seounda instancia" is the exercise of the same action before the court of appellate jurisdiction; and the third instance, “fercera instancia,’* is the prosecution of the same suit, either by an applicafore some higher tribunal, having Jurisdiction of the same. All civil suits must be tried and decided, in the first instance, within three years; and all criminal, within two years. As a general rule, three instances are admitted in all civil and criminal cases. Art. 285, Const. 1812. INSTANTER (Lat). Immediately; presently. This term, it is said, means that the 'act to which it applies shall be done within twenty -four hours; b\it a doubt has been suggested by whom is the account of the hours to be kept, and whether the terra instanter as applied to the subject-matter may not be more properly taken to mean “before the rising of the court,” when the act is to be done in court, or “before the shutting of the office the same night,” when the act is to be done there; 6 East 587; Tidd, Pr., 3d ed. 608, n.; 3 Chitty, Pr. 112. See 3 Burr. 1809; Co. Litt. 157.
Black's Law Dictionary
Henry Campbell Black, M.A. · 1910
A Dictionary of Law
Henry Campbell Black · 1891
In Spanishlaw. Theinstitution and prosecution of a suit from its commencement until definitive judgment, The first instance, “primera instancia,” isthe prosecution of the suit before the juwige competent to take cognizance of it at its inception; the second instance, “secunda insiancia,” is the exercise of the same action before the court of appellate jurisdiction; and the third instance, “tercera instanciau,” is the prosecution of the same suit, elther by an application of revision before the appellate tribunal that has already decided the cause, or before some higher tribunal, having jurisdiction of thesume. Lscriche.