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Sufpeb

Defined in 1 dictionary — Anderson (1889)

A Dictionary of Law

William C. Anderson · 1889

Is synonymous with permit, q. V.; as, in a statute against "suffering " an animal to go at large. To su Sfer an act to be done, by a person who can prevent it, is to permit or consent to it, to approve it, not to hinder it. It implies willingness. ^ Illustrative expressions are to " suffer " guests ttf use forbidden games, to "suffer" minors to drink liquor in a house, to " suffer " travel on the Lord's day.« Includes knowledge of what is to be done, and intention that what is done is what is to be done.5 The words " grant, bargain, and sell," in a conveyance of a fee-simple, constitute a covenant against acts done or suffered by the grantor. " Suffered " here implies that the covenant is not confined to the voluntary acts of the grantor, and, therefore, includes a tax assessed during his ownership of title. AU governmental burdens rest upon the principle of consent.' In the sense of the Bankruptcy Act of 1867, a debtor "suffered" or " procured" his property to be seized under an execution, when, knowing himself to be insolvent, an admitted creditor, who had brought suit against him, and who, as he knew, would, unless he applied for the benefit of the act, secure a preference over other creditors,— proceeded in the effort to get a judgment until one was actually obtained by the perseverance of the creditor and the default of the debtor.' Within the meaning of that act, "suffer" did not import a demonstrative, active course, as did " pro- " Stephenson v. Short, 92 N. Y. 439 (1883); Mott v. Aokerman, ib. 648 (1883); Steinlein v. Halstead, 62 Wis. 291 (1881); 62 id, 96; 65 id. 670; 48 Ark. 81; 41 N. J. E. 97; 12 Wheat. 477. ■' Ackley v. Fish, 65 Vt. 30 (18S3). s Jones J). Parker, 67 Tex. 81 (1886). * [Selleck v. Selleck, 19 Conn. 605-6 (1849), Church, C. J. See also Collinsville v. Scanland, 68 111. 221 (1871). » Gregory v. United States, 17 Blatoh. 331 (1879). •Shaffer v. Greer, 87 Pa. 375 (1878); Blossom v. Van cure." It aptly applied in the case of pressure and powerful motives brouglit to bear upon a party. Under the influence of their pressure and the operation of these motives he suffered a thing to be done; that is, allowed or permitted it.' See Prefer, 2. Sufl Feranee. Consent given from a failure to object; negative permission; toleration; allowance. Estate at sufferance. Where one comes into possession of land by a lawful title, but keeps it afterward without any title at all. Examples are: the estate of a tenant for years whose term has expired; the estate of a mortgagor who continues in possession after foreclosure; the estate of a grantor who agrees to deliver possession by a certain day and'holds over, without authority from the grantee; the estate of a tenant during the hfe of another person, after the death of that other.'-' A tenant by sufferance is a tenant who comes in by right and holds over without right. =< STXPFERIlfG. See Deglaeation, 1. StrPPICIENT. Adequate, competent, ample in law. Opposed, insufficient: less in amount or degree than satisfies the requirements of the law. I Used of allegations of claim and of defense in proceedings in courts of common law, equity, and admiralty, and of charges in indictments, in courts of criminal law, which meet or fulfill the requirements of the law with respect to certainty, notice, and the other elements of & prima facie case. Strictly speaking, evidence is " insuf Scient " in law only when there is a total absence of such proof, in quantity or kind, as, in the particular case, a rule of law requires as essential to the establishment of the fact. Insufficiency in point of fact may exist where there is no insufficiency in point of law; that is, t'here may be some evidence to sustain every element of the case, competent, both in quality and quantity, in law to sustain it, and yet it may be met by countei'vailing proof so potent as to leave no reasonable doubt of the opposing conclusion.* " Sufficient sureties." to an appeal bond, imports two or more persons as sureties.^ See Amswbr, 3; Deed, 3; Defense, 2; Demurrer; Evidence; Indictment. SUFPRAaE.6 Choice, voice, vote; the elective franchise. The right of suffrage is the right to vote at elections of officers of government and 1 Campbell v. Traders' Nat. Bank, 2 Biss. 431 (1871). > 2 Bl. Com. 160. a Cook V. Norton, 48 111. 26 (1868); Anderson v. Brewster, 44 Ohio St. 580 (1886); 42 Ga. 574; 18 Barb. 483; 69 Tex. 637; Wood, Landl. & T. 15; 1 Washb. B. P. 524. < Metropolitan R. Co. v. Moore, 121 U. S. 569, 567-68 (ISS/;, cases, Matthews, J. » State V. Fitch, 30 Minn. 633 (1883): 13 id. 420. upon fundamental questions of governmental policy or action. " The right of citizens of the United States to vote shall not be denied or abridged by the United States or by anj^ State on account of race, color, or previous condition of servitude. The Congress shall have power to enforce this article by appropriate legislation." ' The right of suffrage was not necessarily one of the privileges or immunities of citizenship before the adoption of the Fourteenth Amendment; and that Amendment does not add to those privileges and immunities: it simply furnishes an additional guaranty for the protection of such as the citizen already had. Suffrage has never been co-extensive with citizenship in the States. The Constitution did not make all citizens voters. A State may confine the right of voting to male citizens of the United States. ^ The Amendment vests citizens of the United States with the right of exemption from discrimination in the exercise of the elective franchise on account of race, color, or previous condition of sei'vitude.^ The right of suffrage is not a necessary attribute of national citizenship. That there shall be exemption from discrimination in exercising the right, for the causes named, is an attribute. The right to vote in the States comes from the States; the right to exemption from prohibited discrimination pomes from the United States.* See Citizen.