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Mortuus est
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Mortuus estA return made by the sheriff, when the defendant is dead, as an excuse for not executing the writ.
RELATED TERMS--------------------------------------
Return
Contracts, remedies. Persons who are beyond the sea are exempted from the operation of the statute of limitations of Pennsylvania, and of other states, till after a certain time has elapsed after their returning.
Sheriff
The name of the chief officer of the county. In Latin he is called vice comes, because in England he represented the comes or earl. His name is said to be derived from the Saxon seyre, shire or county, and reve, keeper, bailiff, or guardian.
When
1) At which time, in wills, standing by itself unqualified and unexplained, this is a word of condition denoting the time at which the gift is to continence. 2) The context of a will may show that the word when is to be applied to the possession only, not to the vesting of a legacy; but to justify this construction, there must be circumstances, or other expressions in the will, showing such to have been the testator's intent.
Defendant
A party who is sued in a personal action.
Dead
Something which has no life; figuratively, something of no value.
Writ
An official court document, signed by a judge or bearing an official court seal, which commands the person to whom it is addressed, to do something specific. That "person" is typically either a sheriff (who may be instructed to seize property, for example) or a defendant (for whom the writ is the first notice of formal legal action. In these cases, the writ would command the person to answer the charges laid out in the suit, or else judgment may be made against them in their absence).
SIMILAR TERMS--------------------------------------
Mort d'ancestor
An ancient and now almost obsolete remedy in the English law. An assize of mort d'ancestor was a writ which was sued out where, after the decease of a man's ancestor, a stranger abated, and entered into the estate.
Mortgage
A legal instrument that creates a lien upon real estate securing the payment of a specific debt.
Mortgagee
Estates, contracts. He to whom a mortgage is made.
Mortgagor
Estate's, contracts. He who makes a mortgage.
Mortification
Scotch law. This term is nearly synonymous with mortmain.
Mortmain
An unlawful alienation of lands, or tenements to any corporation, sole or aggregate, ecclesiastical or temporal. These purchases having been chiefly made by religious houses, in consequence of which lands became perpetually inherent in one dead hand, this has occasioned the general appellation of mortmain to be applied to such alienations.
Mortuaries
English law. These are a sort of ecclesiastical heriots, being a customary gift claimed by and due to the minister, in many parishes, on the death of the parishioner.
Mortuum vadium
A mortgage; a dead pledge
PREVIOUS AND NEXT TERMS--------------------------------------
Mortgagor
Estate's, contracts. He who makes a mortgage.
Mortification
Scotch law. This term is nearly synonymous with mortmain.
Mortmain
An unlawful alienation of lands, or tenements to any corporation, sole or aggregate, ecclesiastical or temporal. These purchases having been chiefly made by religious houses, in consequence of which lands became perpetually inherent in one dead hand, this has occasioned the general appellation of mortmain to be applied to such alienations.
Mortuaries
English law. These are a sort of ecclesiastical heriots, being a customary gift claimed by and due to the minister, in many parishes, on the death of the parishioner.
Mortuum vadium
A mortgage; a dead pledge
Mortuus est
Most significant connection
The principle of the conflict of laws according to which the "proper" (i.e. applicable) law of a contract or tort is the law which, on policy grounds, appears to have the most significant connection with the chain of acts and consequences in the particular case at hand. This connection is assessed by consideration of the "connecting factors," or "contacts" (supra), linking the legal situation concerned with the different jurisdictions involved. The term was used by J.H.C. Morris in his renowned essays, "Torts in the Conflict of Laws" (1949) 12 Modern Law Rev. 248 and "The Proper Law of a Tort" (1951) 64 Harv. L. Rev. 881. In contract conflicts, the corresponding term generally used in the United Kingdom and British Commonwealth countries today is "closest and most real connection".
Most significant relationship
The conflict of laws principle that requires that the "proper" (applicable) law be that of the state having the closest and most real connection with the facts of the case concerned. The term was derived from "most significant connection" as first used by J.H.C. Morris and was introduced into American private international law by Willis M. Reese, the principal author of the Restatement (Second) of the Conflict of Laws, 1969, where it figures prominently.
Mother
Domestic relations. A woman who has borne a child.
Mother-in-law
In Latin socrus. The mother of one's wife, or of one's husband.
Motion
Practice. An application to a court by one of the parties in a cause, or his counsel, in order to obtain some rule or order of court
RELATED TERMS--------------------------------------
Return
Contracts, remedies. Persons who are beyond the sea are exempted from the operation of the statute of limitations of Pennsylvania, and of other states, till after a certain time has elapsed after their returning.
Sheriff
The name of the chief officer of the county. In Latin he is called vice comes, because in England he represented the comes or earl. His name is said to be derived from the Saxon seyre, shire or county, and reve, keeper, bailiff, or guardian.
When
1) At which time, in wills, standing by itself unqualified and unexplained, this is a word of condition denoting the time at which the gift is to continence. 2) The context of a will may show that the word when is to be applied to the possession only, not to the vesting of a legacy; but to justify this construction, there must be circumstances, or other expressions in the will, showing such to have been the testator's intent.
Defendant
A party who is sued in a personal action.
Dead
Something which has no life; figuratively, something of no value.
Writ
An official court document, signed by a judge or bearing an official court seal, which commands the person to whom it is addressed, to do something specific. That "person" is typically either a sheriff (who may be instructed to seize property, for example) or a defendant (for whom the writ is the first notice of formal legal action. In these cases, the writ would command the person to answer the charges laid out in the suit, or else judgment may be made against them in their absence).
SIMILAR TERMS--------------------------------------
Mort d'ancestor
An ancient and now almost obsolete remedy in the English law. An assize of mort d'ancestor was a writ which was sued out where, after the decease of a man's ancestor, a stranger abated, and entered into the estate.
Mortgage
A legal instrument that creates a lien upon real estate securing the payment of a specific debt.
Mortgagee
Estates, contracts. He to whom a mortgage is made.
Mortgagor
Estate's, contracts. He who makes a mortgage.
Mortification
Scotch law. This term is nearly synonymous with mortmain.
Mortmain
An unlawful alienation of lands, or tenements to any corporation, sole or aggregate, ecclesiastical or temporal. These purchases having been chiefly made by religious houses, in consequence of which lands became perpetually inherent in one dead hand, this has occasioned the general appellation of mortmain to be applied to such alienations.
Mortuaries
English law. These are a sort of ecclesiastical heriots, being a customary gift claimed by and due to the minister, in many parishes, on the death of the parishioner.
Mortuum vadium
A mortgage; a dead pledge
PREVIOUS AND NEXT TERMS--------------------------------------
Mortgagor
Estate's, contracts. He who makes a mortgage.
Mortification
Scotch law. This term is nearly synonymous with mortmain.
Mortmain
An unlawful alienation of lands, or tenements to any corporation, sole or aggregate, ecclesiastical or temporal. These purchases having been chiefly made by religious houses, in consequence of which lands became perpetually inherent in one dead hand, this has occasioned the general appellation of mortmain to be applied to such alienations.
Mortuaries
English law. These are a sort of ecclesiastical heriots, being a customary gift claimed by and due to the minister, in many parishes, on the death of the parishioner.
Mortuum vadium
A mortgage; a dead pledge
Mortuus est
Most significant connection
The principle of the conflict of laws according to which the "proper" (i.e. applicable) law of a contract or tort is the law which, on policy grounds, appears to have the most significant connection with the chain of acts and consequences in the particular case at hand. This connection is assessed by consideration of the "connecting factors," or "contacts" (supra), linking the legal situation concerned with the different jurisdictions involved. The term was used by J.H.C. Morris in his renowned essays, "Torts in the Conflict of Laws" (1949) 12 Modern Law Rev. 248 and "The Proper Law of a Tort" (1951) 64 Harv. L. Rev. 881. In contract conflicts, the corresponding term generally used in the United Kingdom and British Commonwealth countries today is "closest and most real connection".
Most significant relationship
The conflict of laws principle that requires that the "proper" (applicable) law be that of the state having the closest and most real connection with the facts of the case concerned. The term was derived from "most significant connection" as first used by J.H.C. Morris and was introduced into American private international law by Willis M. Reese, the principal author of the Restatement (Second) of the Conflict of Laws, 1969, where it figures prominently.
Mother
Domestic relations. A woman who has borne a child.
Mother-in-law
In Latin socrus. The mother of one's wife, or of one's husband.
Motion
Practice. An application to a court by one of the parties in a cause, or his counsel, in order to obtain some rule or order of court
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This dictionary contains 8526 terms.
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