Juridical Dictionary

This dictionary contains:
8526
juridical terms

Marshalling




Marshalling

The equitable process, whereby the Marshal or the court orders a creditor who has a secured right on more than one res or more than one fund belonging to the debtor or security from two or more debtors for the same debt, to exercise his right on the security in a manner which will be in the best interests of all the creditors.

RELATED TERMS
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Equitable
That which is in conformity to the natural law.

Process
1) Practice. So denominated because it proceeds or issues forth in order to bring the defendant into court, to answer the charge preferred against him, and signifies the writ or judicial means by which he is brought to answer. 2) Rights. The means or method of accomplishing a thing.

Marshal
An officer of the United States, whose duty it is to execute the process of the courts of the United States. His duties are very similar to those of a sheriff.

Court
A body in government to which the administration of justice is delegated.

Orders
1) Rules made by a court or other competent jurisdiction. The formula is generally in those words: It is ordered, &c. 2) Orders also signify the instructions given by the owner to the captain or commander of a ship which he is to follow in the course of the vovage.

Creditor
Creditor or obligee. Contracts. The person in favor of whom some obliga- tion is contracted, whether such obligation be to pay money, or to do, or not to do something.

Right
1) Sometimes it signifies a law, as when we say that natural right requires us to keep our promises, or that it commands restitution, or that it forbids murder. In our language it is seldom used in this sense. 2) It sometimes means that quality in our actions by which they are denominated just ones. This is usually denominated rectitude. 3) It is that quality in a person by which he can do certain actions, or possess certain things which belong to him by virtue of some title. In this sense, we use it when we say that a man has a right to his estate or a right to defend himself.

Debtor
Debtor or obligor. The person who has engaged to perform some obligation. The word obligor, in its more technical signification, is applied to designate one who makes a bond.

Security
That which renders a matter sure; an instrument which renders certain the performance of a contract. The term is also sometimes applied to designate a person who becomes the surety for another, or who engages himself for the performance of another's contract.

Debt
Whatever one owes. A sum of money due by certain and express agreement.

Will
A will is a legal document in which a person directs how his property is to be distributed after his death. Such documents must be executed in due form and must be duly witnessed.



SIMILAR TERMS
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Marsh, Melissa
California law firm.

Marshal
An officer of the United States, whose duty it is to execute the process of the courts of the United States. His duties are very similar to those of a sheriff.

Marshalling securities
Equity. When a party has two funds by which his debt is secured, and another creditor has a claim only on one of these funds, a court of equity will compel the creditor having a double security to resort to that fund which will leave the other creditor his security, this is called marshalling assets.

Marshalsea
English law. The name of a prison belonging to the court of the king's bench.



PREVIOUS AND NEXT TERMS
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Marriage brokage
By this expression is meant the act by which a person interferes, for a consideration to be received by him, between a man and a woman, for the purpose of promoting a marriage between them. The money paid for such service is also known by this name.

Marriage portion
That property which is given to a woman on her marriage.

Marriage settlement
An agreement made by the parties in contemplation of marriage by which the title to certain property is changed, and the property to some extent becomes tied up, and is rendered inalienable.

Marriage, promise of
A promise of marriage is a contract entered into between a man and woman that they will marry each other.

Marshal
An officer of the United States, whose duty it is to execute the process of the courts of the United States. His duties are very similar to those of a sheriff.

Marshalling

Marshalling securities
Equity. When a party has two funds by which his debt is secured, and another creditor has a claim only on one of these funds, a court of equity will compel the creditor having a double security to resort to that fund which will leave the other creditor his security, this is called marshalling assets.

Marshalsea
English law. The name of a prison belonging to the court of the king's bench.

Martial law
Martial law is a code established for the government of the army and navy of the United States

Martindale-hubbell lawyer directory
A publication of several volumes which contains names, addresses, specialties, and rating of United States lawyers; also includes digests of state and foreign statutory law.

Maryland
One of the original states of the United States of America. The province of Maryland was included in the patent of the Southern or Virginia company; and upon the dissolution of that company, it reverted to the crown. Charles the First, on the 20th of June, 1632, granted it by patent to Lord Baltimore. Under this charter Maryland continued to be governed, with some short intervals of interruption, down to the period of the American Revolution, by the successors of the original proprietor.

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This dictionary contains 8526 terms.







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