Juridical Dictionary

This dictionary contains:
8526
juridical terms

Poinding




Poinding

Scotch. law. That diligence, affecting movable subjects, by which their property is carried directly to, the creditor. Poinding is real or personal.

RELATED TERMS
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Law
A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society. The learned profession that is mastered by graduate study in a law school and that is responsible for the judicial system.

Diligence
1) In Scotland, there are certain forms of law, whereby a creditor endeavors to make good his payment, either by affecting the person of his debtor, or by securing the subjects belonging to him from alienation, or by carrying the property of these subjects to himself. 2) Contracts. The doing things in proper time.

Property
Property is commonly thought of as a thing which belongs to someone and over which a person has total control. But, legally, it is more properly defined as a collection of legal rights over a thing. These rights are usually total and fully enforceable by the state or the owner against others. It has been said that "property and law were born and die together. Before laws were made there was no property. Take away laws and property ceases." before laws were written and enforced, property had no relevance. Possession was all that mattered. There are many classifications of property, the most common being between real property or immoveable property (real estate such as land or buildings) and "chattel", or "moveable" (things which are not attached to the land such as a bicycle, a car or a hammer) and between public (property belonging to everybody or to the state) and private property.

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.

Poinding
Scotch. law. That diligence, affecting movable subjects, by which their property is carried directly to, the creditor. Poinding is real or personal.

Real
1) A term which is applied to land in its most enlarged signification. Real security, therefore, means the security of mortgages or other incumbrances affecting lands. 2) In the civil law, real has not the same meaning as it has in the common law. There it signifies what relates to a thing, whether it be movable or immovable, lands or goods; thus, a real injury is one which is done to a thing, as a trespass to property, whether it be real or personal in the common law sense. A real statute is one which relates to a thing, in contradistinction to such as relate to a person.

Personal
Belonging to the person.



SIMILAR TERMS
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Poinding, personal
Scotch law. Poinding of the goods belonging to the debtor; and of those goods only.

Poinding, real
Poinding, real or poinding of the ground. Scotch law. Though it be properly a diligence, this is generally considered by lawyers as a species of real action, and is so called to distinguish it from personal poinding, which is founded merely on an obligation to pay.

Point
Practice. A proposition or question arising in a case.

Point reserved
A point or question of law which the court, not being fully satisfied how to decide, in the hurried trial of a cause, rules in favor of the party offering it, but subject to revision on a motion for a new trial. If, after argument, it be found to have been ruled correctly, the verdict is supported; if otherwise, it is set aside .

Points
Construction. Marks in writing and in print, to denote the stops that ought to be made in reading, and to point out the sense.



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Plural
A term used in grammar, which signifies more than one.

Plurality
Government. The greater number of votes given at an election; it is distinguished from a majority, which is a plurality of all the votes which might have been given; though in common parlance majority is used in the sense here given to plurality.

Pluries
Practice. A term by which a writ issued subsequently to an alias of the same kind, is denominated.

Poach
To kill or take an animal or fish from the property of another.

Pocket parts
Supplements to law books in pamphlet form which are inserted in a pocket inside the back cover of the books to keep them current.

Poinding

Poinding, personal
Scotch law. Poinding of the goods belonging to the debtor; and of those goods only.

Poinding, real
Poinding, real or poinding of the ground. Scotch law. Though it be properly a diligence, this is generally considered by lawyers as a species of real action, and is so called to distinguish it from personal poinding, which is founded merely on an obligation to pay.

Point
Practice. A proposition or question arising in a case.

Point reserved
A point or question of law which the court, not being fully satisfied how to decide, in the hurried trial of a cause, rules in favor of the party offering it, but subject to revision on a motion for a new trial. If, after argument, it be found to have been ruled correctly, the verdict is supported; if otherwise, it is set aside .

Points
Construction. Marks in writing and in print, to denote the stops that ought to be made in reading, and to point out the sense.

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This dictionary contains 8526 terms.







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