Same
Defined in 5 dictionaries — Cyclopedic (1922), Bouvier (1914), Black's (1910), Anderson (1889), Abbott (1879)
The Cyclopedic Law Dictionary
Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922
The ordinary meaning of the word "same" is "identical;" "identical in substance or numerically;" "of one nature, degree or amount." 248 111. 166. "The same" generally refers to the next preceding antecedent. Co. Litt. 20b, 385b; 26 Bea. 160; but the word "same" may grammatically refer to more than one antecedent. 45 L. J. Ch. 216; 1 Ch. D. 605.
Bouvier's Law Dictionary and Concise Encyclopedia
John Bouvier; revised by Francis Rawle · 1914
Same does not always mean identical. It frequently means of the kind or species, not the specific thing. Crapo v. Brown, 40 la. 487, 493.
Black's Law Dictionary
Henry Campbell Black, M.A. · 1910
A Dictionary of Law
William C. Anderson · 1889
Refers to the next antecedent.' Does not always mean identical; frequently, of the kind or species, though not the specific thing; is often a substitute for a word used hefore, and employed as a pronoun. 3, In the expression " deliver policies and receive premiums on the same," means them. — the policies.* Same manner. See Mannee. Same offense. In the Fifth Amendment to the Constitution, an offense which is the same in law and in fact.^ Same property. The tenant of a stock farm was to draw out the " same property " he put into the business. Held, that the same description of stock, of equivalent value, was meant.' Same v. Same. The same plaintiff against the same defendant; the same case as first cited. Sameness. See Patent, 3; Tkade-maek. Compare Equal; Equivalent; Ideu; loENTi Ty; Like; Said.
Dictionary of Terms and Phrases Used in American or English Jurisprudence
Benjamin Vaughan Abbott · 1879
The word same does not always mean identical, not different or other. It frequently means of the kind or species, not the specific thing. Crapo v. Brown, 40 Imoa, 487, 493. A contract between the owner of a farm and his tenants for stocking and carrying on the same, which stipulated that the proceeds and stock should be divided at the end they put in," and return to the landlord the " stock, tools, hay, and grain belonging to " him, keeping the tools in repair, was construed to mean, not the identical articles received, but stock, &c., of the same kind, description, and value, in Brockway v. Rowley, 66 lU. 99. Same offence. In the fifth amendment to the United States constitution, means one whicli is the same botli in law and in fact. If an act is made an offence by the articles of war, and also by the criminal law, the perpetrator is not exempt from indictment because he has been tried and acquitted by court-martial. The act is the same, but the offence is not. United States V. Cashiel, 1 Hugh. 552.