solvent

One who has sufficient to pay SOLVERE (Lat. to unbind; to untie). To release; to pay. Solvere didmus eum qui fecit quod faoere prortvisit. 1 Bouv. Inst, note 807.

One who has sullicient to his debts and all obligations. Dig. 50. 114. A person is solvent who owns property enough and so situated that all his debts be collected from it by legal proceedings; People v. Halsey, 53 Barb. (N. Y.) 547. other cases hold that to be solvent one be able to pay all his debts in the ordinary course of trade. See 2 N. B. R. 149; v. Ca dwell, 79 la. 432, 44 N. W. 700. Insolvency. SOLVERE (Lat. to unbind; to untie). release; to pay; solvere dicimus cum fecit quod facere promisit. 1 Bouvier, n. 807. SOLVIT AD DIEM (Lat. he paid at day). The name of a plea to an action bond, or other obligation to pay money, which the defendant pleads that he paid money on the day it was due. See 1 652; Rep. temp. Hardw. 133; Comyns, Pleader (2 W. 29). This plea ought to conclude with an ment, and not to the country; 1 Sid. Jackson v. Louw, 12 Johns. (N. Y.) 253. SOLVIT POST DIEM (Lat. he paid the day). The name of a special plea in to an action of debt on a bond, by which defendant asserts that he paid the after the day it became due. 1 Chitty, 480, 555. SOMNAMBULISM (Lat. somnium, ambulo, to walk). Sleep-walking. The mental condition itt this affection Is not money. volved in the abnormal process. In addition to the mental activity common to both, the somnambulist enjoys the use of his senses in some degree, and the Law. power of locomotion. He is thereby enabled to perdone form manual operations as well, frequently, as in his waking state. Usually, however, the action of the senses is more or less imperfect, many of the he impressions being incorrectly or not at all perceived. is The person walks against a wall, or stumbles over ) to an object in his path; ho mistakes some projections for a horse, strides across it, and imagines himself 439; to be- riding; he hears the faintest sound connected with what he is doing, while the voices of persons near him, and even the blast of a trumpet, are enis tirely unnoticed. For the most part, the operations at- of the somnambulist consist in getting up while be asleep, groping about in the dark, endeavoring to make his way out of the house through doors or law, windows, making some inarticulate sounds, perhaps, such and all the while unconscious of persons or things Mo. around him. The power of the perceptive faculties, Am. as well as that of the senses, is sometimes increased in a wonderful degree. 4 The somnambulist always awakes suddenly, and insol- has but a faint conception, if any, of what he has been thinking and doing. If conscious of anything, it is of an unpleasant dream imperfectly remembe bered. This fact, not being generally known, will often enable us to detect simulated somnambulism. If the person on waking continues the same t Vain of (due thought and pursues the same plans and purposes the which he did while asleep, there can be no doubt be that he Is feigning the affection. When a real somin nambulist, for some criminal purpose, undertakes to simulate a paroxysm, he is not at all likely to imitate one of his own previous paroxysms, for the simple reason that he knows less than others how pay he appeared while in them. If, therefore, somnam- 16. bulism is alleged in any given case, with no other proof than the occurrence of former paroxysms unquestionably genuine, it must be viewed with suspicion if the character of the alleged paroxysm differs can materially from that of the genuine ones. In one way or another, a case of simulation would gener- But ally be detected by means of a close and intelligent must scrutiny, so difficult is it to imitate that mixture of consciousness and unconsciousness, of dull and sharp perceptions, which somnambulism presents. State The history of the individual may throw some light See on the matter. If he has had an opportunity of witnessing the movements of a somnambulist in the course of his life, this fact alone would rouse To suspicion, which would be greatly increased If the alleged paroxysm, presented many traits like those qui of the paroxysms previously witnessed. Inst, The legal consequences of somnambulism should be precisely those of insanity, which the it so nearly resembles. The party should be on a exempt from punishment for his criminal by acts, and be held amenable in damages for the torts and trespasses. Somnambulism, though Stra. possibly not technical insanity, will some- Dig. times have the same effect as excusing crime; Fain v. Com., 78 Kjr. 1S3, 39 Am. Rep. 213; aver- 215 1 Bish. N. Cr. L. § 395; “simply because the; person committing it would not know what he was doing;” Stephen, J., in 23 Q. B. D. after 16S. The only possible exceptions to this bar principle are to be found in those cases where the the somnambulist, by meditating long on a money criminal act while awake, is thereby led to PI. commit it in his next paroxysm. Hoffbauer contends that, such being generally the fact, sleep; too much indulgence ought not to be shown to the criminal acts of the somnambulist. very Die Psychologic, etc., c. 4, art. 2. But suresolely for bad intentions, — because the acts, though ostensibly the ground of punishment, are actually those of a person deprived of his reason. The truth is, however, that criminal acts have been committed in a state of somnambulism by persons of irreproachable character. Tayl. Med. Jur. 744. See Gray, Med. Jur. 265; Whart. & S. Med. Jur. § 492; Rush on the Mind 302; IS Am. Journ. of Ins. 236. Tirrell’s Case, Mass.

Able to pay; able to pay out of present means; able to pay one's debts in full out of one's present means.