Phbenalia
Defined in 1 dictionary — Anderson (1889)
A Dictionary of Law
William C. Anderson · 1889
• Lord Coke, quoted in People v. Morris, 13 Wend. 334 (1886): Vin. Abr. Corp. (A, 2). " Constitution of Massachusetts. »Munn V. Illinois, 94 U. S. 124 (1876), Waite, C. J.; 1 Bl. Com. 467. 'Genesee Chief, 12 How. 443 (1851); 1 Black, 580; 7 Wall. 637. ' See 2 Bl. Com. 609; 74 Me. 89. Bona.peritura. Perishable property. See Perishable. Bona vacantia. Unclaimed property, i Bona waviata. Property thrown away. See "Waif. De bonis. As to goods; concerning property or assets. De bonis asportatis. See Aspoktarb. De bonis non. See Administer, 4. De bonis propriis. Out of his own property. Said of a judgment rendered against an executor or administrator, which is to be satisfied out of his property; as, when he has wasted the assets or falsely pleaded "no assets." De bonis testatoris. Out of the property of the testator. Describes a judgment rendered against an executor, which is to be satisfied out of the estate of the decedent. Another form of judgment is de bonis testatoris cum (or quando) acciderint: out of the assets of the testator when they shall have come to hand. Still another form is de bonis testatoris sii €t non si, de bonis propriis: out of the assets of the testator if (there are any), and if not, out of his own property. Even" it it happens that the executor has reoei Ted assets, still the judgment should be against him, in his representative character, to be levied out of the assets in his hands, when no devastavit is averi'ed and proved, unless it appears that no such assets can be found; in which event the judgment may, if so ordered, be levied out of his own proper goods.'-' Nulla bona. No goods; no property. The return to an execution when no property is found on which to make a levy; also, the plea by a garnishee that he has in his possession nothing belonging to or no money due to the debtor.