Odio Et Atia — Law Dictionary

The Cyclopedic Law Dictionary

Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

See "De Odio et Atla." ODIOSA ET INHONESTA NON SUNT in lege praesumanda. Odious and dishonest acts are not presumed in law. Co. Litt. 78; 6 Wend. (N. Y.) 228, 231; 18 N. Y. 295, 300.

Ballentine's Law Dictionary

James A. Ballentine · 1916

See De odio et atia.

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

A writ anciently called "breve de bono et malo," addressed to the sheriff to inquire whether a man committed to prison upon suspicion of murder were committed on just cause of suspicion or only upon malice and ill will; and If, upon the inquisition, it were found that he was not guilty, then there issued another writ to the sheriff to ball him. Reg. Orig. 133.

Dictionary of Terms and Phrases Used in American or English Jurisprudence

Benjamin Vaughan Abbott · 1879

An old writ which was directed to the sheriff to inquire whether a man committed to prison on suspicion of murder was committed on just cause of suspicion, or only out of malice. And if upon an inquisition it were found that he was not guilty, then another writ was directed to the sheriff to bail him. Ternies de la Ley. Odiosa et inhonesta non sunt in lege prsesumanda. Odious and dishonest acts are not to be presumed in law. This maxim is also found in the form, odiosa non prcesumantur, — odious things are not presumed. Fraud and covin are never presumed, even in third parties whose conduct only comes in question collaterally. So the law presumes against vice and immorality, and on this ground presumes strongly in favor of marriage; so that cohabitation and reputation are held to be presumptive evidence of marriage, in all cases, except in prosecutions for bigamy, and in cases where damages are claimed for adultery. Best Evid. § 349,