Nuisance. A wrongful act which disturbs another in the enjoyment of real property or of a public highway. Obligation. A legal duty to do or not to do a certain thing. An obligor is one who has undertaken an obligation. An obligee is one entitled to the performance of an obligation. Orphans' court. The name given to the probate court in a few states. Ownership. The right to possess and use property to the exclusion of others. Parol. A word or speech; that which is expressed orally; not in writing. Patent. An exclusive right granted by the government to make, use, and vend an article. Per procuration (abbreviated Per pro.). By proxy. Used in England to indicate an agent that is acting under a special or limited authority. Personal representative. An executor or administrator of a deceased person. The "real representative is the heir of the deceased person. Plaintiff. The person who brings an action in a court. Pleadings. The written allegations as to claims and defenses in an action in a court. Post (Latin, after). Referring to a subsequent portion of a book. Prescription. Title by adverse posses sion. The law indulges the fiction that there was a prior writing which is now lost. Probate. To prove, as to probate or prove a will. A probate court is one in which wills are proved. Proof. The establishment of a fact by evidence. Pur autre vie (or per autre vie) (French). For another's life. Quantum meruit (Latin). As much as he deserved. Refers to an action for the reasonable value of services. Quantum valebant (Latin). As much as they were worth. Refers to an action for the reasonable value of goods sold and delivered. Quasi (Latin). Like; corresponding to. Ratification. The confirmation of a previous contract or act which is not binding. Receiver. A person appointed by a court to take possession and control of property pending litigation and some final decree of the court. Recording acts. Statutes providing for the recording of deeds, mortgages, etc., in some public office, and providing that the record shall be constructive notice to all subsequent purchasers or incumbrancers. Redemption. The act by which a mortgagor, pledgor, etc., reclaims the title and possession of the property by paying the debt so secured. Release. The giving up of a claim by the person entitled, to the person against whom it exists. Replevin. An action to recover possession of goods. Rescission. The canceling or annulling of a contract or deed. Residuary devisee. The person who under a will takes all the lands of the testator not specifically devised. Residuary legatee. The person who under a will takes all the personal property of the testator not specifically bequeathed. SS. An abbreviation used after the statement of the venue (state and county) and supposed to be a contraction of scilicet (scire licet), meaning "as one may learn," or "to wit," or "namely." Seised. The technical term describing the possession of a fee in lands. This is the verb. The noun is "seisin." Seisin. Under the feudal system, the completion of the formalities by which one was given possession of a fee in lands. Now the possession of a fee. Set-off. A counter claim or cross demand which a defendant sets up against the claim of the plaintiff. Simple. (a) In real-property law, absolute, unconditional, as fee-simple; (b) in contract law, unsealed. Specialty. A contract under seal. Specific performance. A decree by an equity court that a party shall actually perform his contract promise instead of paying damages for the breach. Status. Legal position or condition. Statute. An act of the legislature. Statute of Limitations. A statute fixing a time within which actions must be brought. Stock. (a) The total capital put into a corporate enterprise; (b) the interest of each stockholder in the corporation. Subrogation. The substitution of one person in the place of another with respect to rights, claims, or securities. The verb is "to subrogate." Subscribe. To write under; to write the name under the contract. sign is to write the name at any place, not necessarily underneath. Successor. One who succeeds another. Το Used to describe those who constitute a corporation after the retirement of preceding corporators. Suit. Aceeding in a court. It is not uncommon to call a proceeding in a law court an action, and one in an equity court a suit; but this is not a necessary distinction. Supra protest. Over protest. Used in the sense of "after protest." Surrogate. Literally, one who is substituted for another. By present usage, the judicial officer who presides over a probate court for the administration of the estates of deceased persons. Tenant. Broadly, one who holds land; specifically, one who holds land for life or for years; popularly, one who holds land for years of a landlord or lessor. Testament. That which is witnessed. Employed as a synonym for will. Formerly it meant a will of personalty but is now used interchangeably with the term "will." Testator. One who makes a will. The feminine is testatrix. Title. (a) The right to property; (b) the evidence of the right to property. Tort. A wrongful act, other than a mere breach of contract, for which a common law court will give damages. Transcript. An official copy of a court record, as a transcript or certified copy of a judgment. Treasure-trove. Treasure found. Trove is French for "found." Technically, gold or silver or money found hidden in a secret place. Trespass (French trespasser, to pass over or beyond). To invade another's right of security of person or of property. Commonly, to enter another's lands wrongfully. Trover (French trover, to find). An action for the recovery of damages for the conversion of ds, based originally on a fiction that the defendant had found the goods and refused to return them to the rightful owner. Trustee. A person appointed to exe cute a trust. Ultra vires (Latin). Beyond the power. Applied to acts of corporations beyond the charter powers. Unilateral. One-sided. Applied to contracts where only one promise is still unperformed. Vendor. The seller. Usually applied to the seller of real property. Venue. (a) Locality; place. (b) The heading of legal documents showing the state and county. Verdict. The decision of a jury upon matters submitted to it. Vis major (Latin). Superior force. Includes more than act of God, as the act of a public enemy. Void. Null; of no effect. This is the correct meaning, but the term is sometimes used in the sense of voidable. Voidable. Capable of being rendered void, usually at the election of one party to a contract. Waiver. The surrender of some right or privilege which the law gives. Waste. The name given to any act of a tenant whereby the value of the reversion is diminished, as the cutting of trees. Will. A written instrument executed as the statute directs, by which a person makes a disposition of his property to take effect after his death. Witness. (a) One who gives evidence in a court; (b) one who sees a document executed and signs his name to it as evidence thereof. Abstract of title, 296 of bill, 172, 191–195. Accession, 307-309 Accident insurance, 130 Accommodation indorser, 197 by partner, 247 by necessity, 222 appointment of, 217-224 Alteration of contract, 161, 190 Answer, 9 INDEX Baggage, 123 Bailee's duties, 101, 102, 104, 106, 109, 113 Bailment, 96-127 carriers of passengers, 122, 123 gratuitous, 100-103 innkeepers, 111-113 mutual benefit, 104-111 telegraph companies, 124 Bailor's duties, 101, 102, 104, 106, 108 Bankruptcy, 52, 59–61, 251 Bill of exchange, 172 Bills in a set, 173 Blanks in bill or note, 183 Bona fide holder for value, 67, 187 Breach of contract, 56-59, 90, 91 Brokers, 230 Business, I Business law, 3 Caveat emptor, 39, 85, 187 Certificate of deposit, 152, 175 of incorporation, 257 of protest, 205 Certified checks, 208 Champerty, 33 Chancery court, 8 Charter of a corporation, 257 Charter party, 118 Checks, 53, 145, 152, 175, 208, 209 Codification, 2 Collateral security, 104, 182 Commodatum, 98 Common carriers, 113-122 Communication of acceptance, 17 of revocation, 18 in bailment, 107, 108 Complaint, 8 Composition with creditors, 23 Compound interest, 149 Concealment, 39, 135 Conditional sales, 67 159, 170, 183 negotiable, 168-214 |