Law Dictionary

A term used to designate the right of each of them to have the firm's property applied to the payment of the firm's debts. Colwell v. Bank, 16 R. I. 288, 17 Atl. 913.

the equity of redemption is the real and beneficial estate in the land, and may be sold and conveyed in any of the ordinary modes of transfer, subject only to the lien of the mortg

The equitable right of a wife, when her husband sues in equity for the reduction of her equitable estate to his own possession, to have the whole or a portion of such estate settle

The reason and spirit of it as aids to interpretation.

The term “equity option” means any option— (A) to buy or sell stock, or (B) the value of which is determined directly or indirectly by reference to any stock or any narrow-based se

The term “equity percentage” means, with respect to any mutual life insurance company, the percentage which— (i) the average equity base of such company (determined under this sect

See EQUITY; Answeb; Bill; Demubbeb; Plea.

the one generally known as an 'equity receivership,' whereby the assets of a corporation were committed to the custody of a court until the time should arrive when they could be re

A court of chancery will often refuse to enforce a contract, when it would also refuse to annul it; in such a case, the parties are left to their remedy at law.

The grounds upon which a court of equity proceeds are, that the rent is the object of the parties, and the forfeiture only an incident intended to secure its payment; that the meas

any fact which clearly proves it to be against conscience to execute a judgment, and of which the injured party could not have availed himself in a court of law; or of which he mig

Where a party has failed to make a proper defence at law through negligence, equity will not aid him. If by accident or fraud such a defence has been prevented, a court of equity m

In order to warrant the interposition of a court of equity to restrain the enforcement of a judgment at law, it is, of course, not sufficient for the defeated party to show that be

One of the duties of such a court is to prevent a multiplicity of suits, and to this end a court of equity, if obliged to take cognizance of a cause for any purpose, will ordinaril

The term “equity security” means— (A) share in a corporation, whether or not transferable or denominated “stock”, or similar security; (B) interest of a limited partner in a limite

The term “equity security holder” means holder of an equity security of the debtor.

The sitting of a court which also has a law side, as a court of equity.

The natural and just influence which a parent has over a child, renders it peculiarly important for courts of justice to watch over and protect the interests of the latter; and the

A court of equity does not interfere with judgments at law, unless the complainant has an equitable defence, of which he could not avail himself at law, because it did not amount t

The term “equity structure shift” means any reorganization (within the meaning of section 368). Such term shall not include— (i) any reorganization described in subparagraph (D) or

Same as Equity side.

The right of a wife, in an action by her husband to reduce to his possession an equitable estate falling to her, to have the court inquire into the circumstances of the marriage, t

equity will, for the purposes of justice, treat that to have been done, which ought to have been done.

The sixteenth section of the judiciary act of 1789 declares, 'that suits in equity shall not be sustained in either of the courts of the United States, in any case where plain, ade

Courts of equity do not assist those whose condition is attributable only to want of due diligence, nor lend their aid to parties, who, having had a plain, adequate, and complete r

There must be a clear case of accident, surprise or fraud, before equity will interfere... a defendant sued at law on a contract alleged to be usurious, will not be entitled to a b

What constitutes equivalency must be determined against the context of the patent, the prior art, and the particular circumstances of the case. Equivalence, in the patent law, is n

Cite as: 590 U. S. 165 (2020) 201 Alito, J., dissenting "equal" in some respect, and "functional" signifes a relation- ship to a function.

The term “equivalent level of safety” means an alternative design or system (which may include automatic sprinkler systems), based upon fire protection engineering analysis, which

The term “equivalent or greater level of safety” means the compliance of a railroad carrier with— (A) appropriate operating rules in place immediately prior to the use or implement

the antecedent word 'tract,' and consequently also mean land.

a patentee in such a case may substitute another ingredient for any one of the ingredients of his invention if the ingredient substituted performs the same function as the one omit

Having a double sense. In the construction of contracts, it is a general rule that, when an expression may be taken in two senses, that shall be preferred which gives it effect. Se

A sort of rack used by the Romans to extort confessions.

A horse equipped with saddle and furniture.

The term “ER30” means an ER incandescent reflector lamp with a diameter of 30/8ths of an inch.

The term “ER40” means an ER incandescent reflector lamp with a diameter of 40/8ths of an inch.

A maple tree. Not to be confounded with arabilis, (arable land.)

See CLle Rice Convicro, ete. DE CLERICG INFRA YACROS OR- DINES CONSTITUTO NOW ELIGEN-

The followers of Erastus. The sect obtained much influence in England, particularly among common la-wyers in the time of Selden. They held that offenses against religion and morali

The obliteration of a writing, or part thereof. It will render it void or not under the same circumstances as an interlineation. See 5 Pet. (U. S.) 560; 11 Coke, 88; 4 Cruise, Dig.

I. In the civil law., To

In the civil law. To be divided. Judicium families erciscundœ, a suit for the partition of an inheritance. Inst. 4, 17, 4. An ancient phrase dorived from the Twelve Tables. Calvin.

the term “ERCOT” means the Electric Reliability Council of Texas; and

the term “ERCOT utility” means a transmitting utility which is a member of ERCOT.

One of the formal words of incorporation in royal charters. "We do, incorporate, erect, ordain, name, constitute, and establish."

This term is generally used of a completed building. Mc Gary v. People, 45 N. Y. 153; Shaw v. Hitchcock, 119 Mass. 254; but it is held to be of wider import; it may include trade f

To plough.

ml interest, (q. v.) ‘RL ERENCEH. In patent law, this ignates a collision between rights or granted; that is, where a person patent for the whole or any integral he ground alreaiy

Therefore.

Therefore here.

In civil law. Undertakers of work; contractors. Code, 4, 59.

In the Brehon law. A pecuniary satisfaction or recompense, correspending in some degree with the weregild of the Saxon law, which a party guilty of murder was condemned to pay to t

frithbnrgus. In old English law. A kind of frank pledge, by which the lords or principal men were made responsible for their dependents or servants.

The great object of the Erie case was to secure in the federal courts, in diversity cases, the application of the same substantive law as would control if the suit were brought in

Erie R. Co. v. Tompkins decided that federal district diversity courts must try state created causes of action in accordance with state laws, designed to ensure that litigants with

The Erie rule is rooted in part in a realization that it would be unfair for the character of result of a litigation materially to differ because the suit had been brought in a fed

We establish.

The term “ER incandescent reflector lamp” means a reflector lamp that has— (i) an elliptical section below the major diameter of the bulb and above the approximate baseline of the

Blood whiel: rity (freedom from attainder) and necessary to give its possessor the r of a lawful heir; that which is of being the medium for the transn of an inheritance.

By metonymy, this term is used to describe the office or functions of a judge, whose state robe, lined with ermine, is emblematical of purity and honor without stain. Webster.

In old English law. The loose scattered cars of corn that are left on the ground after ipe binding.

The terms “Electric Reliability Organization” and “ERO” mean the organization certified by the Commission under subsection (c) the purpose of which is to establish and enforce reli

In England, the title of a chief officer of the queen, deriving his name from the Black Rod of office, on the top of which reposes a golden lion, which he carries.

The gradual eating away of the soil by the operation of currents or tides. 100 N. Y. 433. It is distinguished from submergence (q. v.), and opposed to alluvion (q. v.)

The term “erosion control program” means the national shoreline erosion control development and demonstration program established under this section.

In medical jurisprudence. A name given to a morbid activity of the sexuar propensity. It. is a disease or morbid affection of the mind, which fills it with a crowd of voluptuous im

A form of mania similar to nymphomania, except that the present term is applied to patients of both sexes, and that (according to some authorities) it is applicable to all cases of

Sometimes also called “Erotico-Mania,” a disease of the brain on sexual subjects. The distinction between it and nymphomania is that in the latter, although the condition of mind i

Itinerant; wandering.

An estray.

Lab Error. Used in the Latin formula for assigning errors, and in the reply thereto, "in nullo est erratum," i. e., there was no error, no error was committed.

Bad or defective as a matter of law.

Error of a trial judge in admitting evidence or entering judgment after full hearing does not constitute a denial of due process of law.

For purposes of this subsection, the term “erroneous excess payments for medical assistance” means the total of— (I) payments under the State plan with respect to ineligible indivi

an expression which denotes some mistake or error on the part of the land officers whereby an entry is allowed when it should be disallowed, and not some fraud or false pretense pr

See Error, 3 (2), Erroneous.

Erroneously.

In the eye of the law the former does not rise to the grade of the latter, and is always venial

WRIT OF. See "Writ of Error." ERRORES AD SUA PRINCIPIA REF-

WRIT OF. See Appeal and Error. ESCAMBI0. A writ granting power to an English merchant to draw a bill of exchange on another who is in a foreign country. Reg. Orig. 194. Abolished b

A writ of error in the king’s bench to review a judgment of that court.

Error in the proceedings "before you;" words used in a writ of error directed by a court of review to the court which tried the cause.

To refer errors to their sources is to refute them. 3 Inst. 15. To bring errors to their beginning is to see their last.

To refer errors to their source is to refute them.

The mistakes of the writer ought not to harm. Jenk. Cent. 324.

Error disguised is in many things more probable than naked truth, and error very often overcomes truth in arguments.

Error artfully disguised [or colored] is, in many instances, more probable than naked truth; and frequently error overwhelms truth by [its show of] reasons. 2 Coke, 73.

A judicial error founded upon a mistake of fact.

It is clearly error in a court to charge a jury upon a supposed or conjectural state of facts, of which no evidence has been offered.

An error of the court in applying the law to the case on trial, e. g., in ruling on the admission of evidence, or in charging the jury. McKenzie v. Bismarck Water Co., 6 N. D. 361,

Error of law is injurious. See 4 Bouv. Inst, note 3828; 1 Story, Eq. Jur. § 139, note.

An error by mistake.

Error of name. A mistake of detail in the name of a person; used in contradistinction to error de persons, a mistake as to identity.

si de identitate rei constat. Mistake in the name never injures, if there is no doubt as to the identity of the thing. 1 Duer, Ins. 171.

A mistake in the name of a thing is never prejudicial, if it ba clear as to the identity of the thing itself, [where the thing intended Is certainly known.] 1 Duer, Ins. 171. This

A mistake in a name is harmless, if the identity of the thing is clear.

That is called "error of fact" which proceeds either from ignorance of that which really exisis or from a mistaken belief in the existence of that which has none. Civ. Code La. art

the claim must be one consistent with the Commission's order fixing the rate, but asserting underpayment by reason of some error of law in its application which would not require t

APPRObatur. An error not resisted is approved. Doctor & Stud. c. 70. ERROR SCRIBENTIS NOCERE NON debet. An error made by a clerk ought not to injure; a clerical error may be correc