involuntary

'done contrary to or without choice' 'compulsory'—'not subject to control of the will.' " Infra, at 971.

An involuntary act is that which is performed with constraint (q. V.}, or with repugnance, or without the will to do it. An action is involuntary, then, which is performed under duress. Wolflf. Inst. § 5. The term is frequently used in connection with various proceedings to denote an adverse proceeding. Thus, involuntary bankruptcy proceedings are those instituted by a creditor, and not by the bankrupt. A nonsuit allowed on the motion of the defendant ind against the plaintiff's will is an involuntary nonsuit. 223 111. 174; 180 111. 191.

An involuntary act Is that which is performed with constraint (q. v.), or with repugnance, or without the will to do it. An action is involuntary which is performed under duress. Wolffius, Inst. § 6.

An involuntary act ls that which is performed with constraint (q. v.) or with repugnance or without the will to do it. An action is involuntary, then, which is performed under duress. Wolff Inst. Nat. § 5.

— Involuntary deposit. In the law of bailments, one made by the accidental leaving or placing of personal property in the possession of another, without negligence on the part of the owner, or, in cases of fire, shipwreck, inundation, riot, insurrection, or the like extraordinary emergencies, by the owner of personal property committing it out of necessity to the care of any person. Rev. St. Oki. 1908, § 282G; Rev. Codes N. D. 1899, § 4002; Civ. Code S. D. 1903, § 1354.

— Involuntary discontinuance. In practice. A discontinuance is involuntary where, in consequence of technical omission, mispleading, or the like, the suit is regarded as out of court, as where the parties undertake to refer a suit that is not referable, or omit to enter proper continuances. Hunt v. Griffin, 49 Miss. 748.

— Involuntary manslaughter. The unintentional killing of a person by one engaged in an unlawful, but not felonious act. 4 Steph. Comm. 52.

— Involuntary payment. One obtained by fraud, oppression, or extortion, or to avoid the use of force to coerce it, or to obtain the release of the person or property from detention. Parcher v. Marathon Co.unty, 52 Wis. 388, 9 N. W. 23. 38 Am. Rep. 745; Wolfe v. Marshal, 52 Mo. 168; Corkle v. Maxwell, 6 Fed. Cas. 555.

— Involuntary servitude. The condition of one who is compelled by force, coercion, or imprisonment, and against his will, to labor for another, whether he is paid or not. See State v. West, 42 Minn. 147, 43 N. W. 845; Ex parte Wilson. 114 U. S. 417, 5 Sup. Ct. 935, 29 Lu Ed. 89; Thompson v. Benton, 117 Mo. 83, 22 S. W. 863, 20 In R. A. 462, 38 Am. St. Rep. 639; In re Slaughterhouse Cases, 16 Wall. 69, 21 L. Ed. 394; Robertson v. Baldwin, 165 U. S. 275, 17 Sup. Ct. 326, 41 In Ed. 715. As to involuntary "Bankruptcy," "Nonsuit," and "Trust," see those titles.

An involuntary act is that which is performed with constraint (q. v.) or with repugnance, or without the will todoit. An action is involuntary, then, which is performed under duress. Wolff. Inst. Nat. § 5.

See Voluntary.