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Respondere.L

Defined in 1 dictionary — Anderson (1889)

A Dictionary of Law

William C. Anderson · 1889

To answer, respond. Ad respondendum. See Capeee, Capias, etc. Respondeat. Let him answer. Bespondeat ouster. Let him answer over. The name of a judgment upon a dilatory plea in a civil suit, that defendant answer in some better manner, that is, put in a more substantial plea; * also applicable In criminal cases, when a. demurrer to an indictment or an information is overruled. = See Abatement, 4. Respondeat superior. Let the principal answer. 1 United States v. Mc Donald, 8 Biss. 439, 448 (1879), Dyer, J.; State v. Welch, 37 Wis. 800-3 (1876), Ryan, Chief Justice. 2 [Ming t). Woolf oik, 3 Mont. 386 (1879): Webster's Diet. = 1". respite: L. re-spiccrc, to lookbackupon; regard, respect had to proceedings,—- Skeat. 4 Mishler v. Commonwealth, 63 Pa. 60 (1869). The employer is answerable for the act (not wanton) of his servant or agent.' See further Agent; Contractor; Njsgli&encb. Respondentia. Ability to answer: a loan upon the personal obligation of the owner of a cargo on board a ship. The loan of money upon merchandise laden on board a ship, the repayment whereof is made to depend upon the safe arrival of the merchandise at the destined port.^ A loan upon the vessel is called "bottomry." In a loan upon the merchandise, which is for sale or exchange in the course of the voyage, the boi Tower only is personally bound to answer the contract, and he is said to take up money at respondentia.'' The money, with maritime interest, is paid to the lender upon the arrival of the merchandise at the ' port.4 See Bottomry; Hypothecation; Salvage. Responsa prudentum or prudentium. Answers of the leai-ned — by learned lawyers. Augustus gave to certain jurists a privilege called jus respondendi; the right of making answers, on points of law submitted by judges, which should have the authority of law. Books of responses, bearing the names of leading jurisconsults, obtained an authority at least equal to that of our reported cases, and consequently modified, extended, limited, or practically overruled provisions of the Decemviral law. These responses were at first opinions interpretative of the written law — explanatory glosses Opinions were given upon fictitious or imaginary cases; in which fact Mr. Maine finds an explanation for the thorough scientific development attained by the Roman law. English and American judges confine themselves to the actual cases presented: obiter dicta being regarded with disfavor, if not censured.*