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| This dictionary contains: 8526 juridical terms |
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Process of garnishment
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Process of garnishmentPractice. It was formerly the practice to deposit deeds and other things in the hands of third persons, to await the performance of covenants, upon which they were to be re-delivered to one of the parties. When one of the parties contended that he was entitled to such things, and the other denied it, and the claiming party brought an action of detinue for them, the defendant was allowed to in terplead, and thereupon he prayed for a monition or notice to compel the other depositor to appear and become a defendant in his stead.
RELATED TERMS--------------------------------------
Practice
The form, manner and order of conducting and carrying on suits or prosecutions in the courts through their various stages, according, to the principles of law, and the rules laid down by the respective courts.
Things
By this word is understood every object, except man, which may become an active subject of right. Code du Canton de Berne, art. 332. In this sense it is opposed, in the language of the law, to the word persons.
Await
Criminal law. Seems to signify what is now understood by lying in wait, or way-laying.
Performance
The act of doing something; the thing done is also called a performance.
Were
The name of a fine among the Saxons imposed upon a murderer
Parties
Contracts. Those persons who engage themselves to do, or not to do the matters and things contained in an agreement.
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.
Party
Practice, contracts. When applied to practice, by party is understood either the plaintiff or defendant. In contracts, a party is one or more persons who engage to perform or receive the performance of some agreement.
Action
1) French commercial. Stock in a company, shares in a corporation. 2)Civil law. An action instituted to avoid a sale onaccount of some Vice or defect in the thing sold which readers it either absolutely useless, or its use so inconvenient and, imperfect, that it must be, supposed the buyer would not have purchased it, had he known of the vice.
Detinue
A common law action similar to conversion and also involving the possession of property by the defendant but belonging to the plaintiff but in which the plaintiff asks the court for the return of the property, although the plaintiff may also ask for damages for the duration of the possession.
Defendant
A party who is sued in a personal action.
Monition
Practice. In those courts which use the civil law process, (as the court of admiralty, whose proceedings are, under the provisions of the acts of congress, to be according to the course of the civil law,) it is a process in the nature of a summons; it is either, general, special, or mixed.
Notice
The information given of some act done, or the interpellation by which some act is required to be done. It also signifies, simply, knowledge; as A had notice that B was a slave.
Depositor
Contracts. He who makes a deposit.
SIMILAR TERMS--------------------------------------
Procedendo
Practice. A writ which issues where an action is removed from an inferior to a superior jurisdiction by habeas corpus, certiorari or writ of privilege, and it does not appear to such superior court that the suggestion upon which the cause has been removed, is sufficiently proved; in which case the superior court by this writ remits the cause to the court from whence it came, commanding the inferior court to proceed to the final hearing and determination of the same.
Procedural law
Procedural law refers to the areas of law that regulates the legal process.
Procedural theory
A theory of maritime liens, particularly popular in England, which holds that maritime liens are the "children of procedure" and in particular of the writ in rem, rather than substantive rights in the property of another.
Proceeding
In its general acceptation, this word means the form in which actions are to be brought and defended, the manner of intervening in suits, of conducting them, the mode of deciding them, of opposing judgments and of executing.
Proceres
The name by which the chief magistrates in cities were formerly known.
Proces verbal
French law. A true relation in writing in due form of law of what has been done and said verbally in the presence of a public officer, and what he himself does upon the occasion. It is a species of inquisition of office.
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.
Process of interpleader
Practice. Formerly when two parties concurred in a bailment to a third person of things which were to be delivered to one of them on the performance of a covenant or other thing, and the parties brought several actions of detinue against the bailee, the latter might plead the facts of the case and pray that the plaintiffs in the several actions might interplead with each other; this was called process of interpleader.
Process, mesne
Pradice. By this term is generally understood any writ issued in the course of a suit between the original process and execution.
Processioning
A term used in Tennessee to signify the manner of ascertaining the boundaries of land, as provided for by the laws of that state.
Prochein
Next. This word is frequently used in composition; as, prochein amy, prochein cousin, and the like.
Prochein amy
More correctly prochain ami. Next friend.
Proclamation
1) Evidence. The act of causing some state matters to be published or made generally known. A written or printed document in which are contained such matters, issued by proper authority; as the president's proclamation, the governor's, the mayor's proclamation. 2) The word proclamation is also used to express the public nomination made of any one to a high office; as, such a prince was proclaimed emperor. 3) Practice. The declaration made by the cryer, by authority of the court, that something is about to be done.
Proclamation of exigents
English law. On awarding an exigent, in order to outlawry, a writ of proclamation issues to the sheriff of the county where the party dwells, to make three proclamations for the defendant to yield himself, or be outlawed.
Proclamation of rebellion
English law. When a party neglects to appear upon a subpoena, or an attachment in the chancery, a writ bearing this name issues, and if he does not surrender himself by the day assigned, he is reputed, and declared a rebel.
Procreation
The generation of children; it is an act authorized by the law of nature: one of the principal ends of marriage is the procreation of children.
Proctor
One appointed to represent in judgment the party who empowers him, by writing under his hand called a proxy. The term is used chiefly in the courts of civil and ecclesiastical law. The proctor is somewhat similar to the attorney.
Procuration
Civil law. The act by which one person gives power to another to act in his place, as he could do himself. A letter of attorney.
Procurations
Eccles. law. Certain sums of money which parish priests pay yearly to the bishops or archdeacons ratione visitationis.
Procurator
1) Civil law. A proctor; a person who acts for another by virtue of a procuration. Procurator est, qui aliena negotia mandata Domini administrat.
Procurator in rem suam
Scotch law. This imports that one is acting as attorney as to his own property. When an assignment of a thing is made, as a debt, and a procuration or power of attorney is given to the assignee to receive the same, he is in such case procurator in rein suam.
Procuratorium
The proxy or instrument by which a proctor is constituted and appointed.
PREVIOUS AND NEXT TERMS--------------------------------------
Procedural theory
A theory of maritime liens, particularly popular in England, which holds that maritime liens are the "children of procedure" and in particular of the writ in rem, rather than substantive rights in the property of another.
Proceeding
In its general acceptation, this word means the form in which actions are to be brought and defended, the manner of intervening in suits, of conducting them, the mode of deciding them, of opposing judgments and of executing.
Proceres
The name by which the chief magistrates in cities were formerly known.
Proces verbal
French law. A true relation in writing in due form of law of what has been done and said verbally in the presence of a public officer, and what he himself does upon the occasion. It is a species of inquisition of office.
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.
Process of garnishment
Process of interpleader
Practice. Formerly when two parties concurred in a bailment to a third person of things which were to be delivered to one of them on the performance of a covenant or other thing, and the parties brought several actions of detinue against the bailee, the latter might plead the facts of the case and pray that the plaintiffs in the several actions might interplead with each other; this was called process of interpleader.
Process, mesne
Pradice. By this term is generally understood any writ issued in the course of a suit between the original process and execution.
Processioning
A term used in Tennessee to signify the manner of ascertaining the boundaries of land, as provided for by the laws of that state.
Prochein
Next. This word is frequently used in composition; as, prochein amy, prochein cousin, and the like.
Prochein amy
More correctly prochain ami. Next friend.
RELATED TERMS--------------------------------------
Practice
The form, manner and order of conducting and carrying on suits or prosecutions in the courts through their various stages, according, to the principles of law, and the rules laid down by the respective courts.
Things
By this word is understood every object, except man, which may become an active subject of right. Code du Canton de Berne, art. 332. In this sense it is opposed, in the language of the law, to the word persons.
Await
Criminal law. Seems to signify what is now understood by lying in wait, or way-laying.
Performance
The act of doing something; the thing done is also called a performance.
Were
The name of a fine among the Saxons imposed upon a murderer
Parties
Contracts. Those persons who engage themselves to do, or not to do the matters and things contained in an agreement.
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.
Party
Practice, contracts. When applied to practice, by party is understood either the plaintiff or defendant. In contracts, a party is one or more persons who engage to perform or receive the performance of some agreement.
Action
1) French commercial. Stock in a company, shares in a corporation. 2)Civil law. An action instituted to avoid a sale onaccount of some Vice or defect in the thing sold which readers it either absolutely useless, or its use so inconvenient and, imperfect, that it must be, supposed the buyer would not have purchased it, had he known of the vice.
Detinue
A common law action similar to conversion and also involving the possession of property by the defendant but belonging to the plaintiff but in which the plaintiff asks the court for the return of the property, although the plaintiff may also ask for damages for the duration of the possession.
Defendant
A party who is sued in a personal action.
Monition
Practice. In those courts which use the civil law process, (as the court of admiralty, whose proceedings are, under the provisions of the acts of congress, to be according to the course of the civil law,) it is a process in the nature of a summons; it is either, general, special, or mixed.
Notice
The information given of some act done, or the interpellation by which some act is required to be done. It also signifies, simply, knowledge; as A had notice that B was a slave.
Depositor
Contracts. He who makes a deposit.
SIMILAR TERMS--------------------------------------
Procedendo
Practice. A writ which issues where an action is removed from an inferior to a superior jurisdiction by habeas corpus, certiorari or writ of privilege, and it does not appear to such superior court that the suggestion upon which the cause has been removed, is sufficiently proved; in which case the superior court by this writ remits the cause to the court from whence it came, commanding the inferior court to proceed to the final hearing and determination of the same.
Procedural law
Procedural law refers to the areas of law that regulates the legal process.
Procedural theory
A theory of maritime liens, particularly popular in England, which holds that maritime liens are the "children of procedure" and in particular of the writ in rem, rather than substantive rights in the property of another.
Proceeding
In its general acceptation, this word means the form in which actions are to be brought and defended, the manner of intervening in suits, of conducting them, the mode of deciding them, of opposing judgments and of executing.
Proceres
The name by which the chief magistrates in cities were formerly known.
Proces verbal
French law. A true relation in writing in due form of law of what has been done and said verbally in the presence of a public officer, and what he himself does upon the occasion. It is a species of inquisition of office.
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.
Process of interpleader
Practice. Formerly when two parties concurred in a bailment to a third person of things which were to be delivered to one of them on the performance of a covenant or other thing, and the parties brought several actions of detinue against the bailee, the latter might plead the facts of the case and pray that the plaintiffs in the several actions might interplead with each other; this was called process of interpleader.
Process, mesne
Pradice. By this term is generally understood any writ issued in the course of a suit between the original process and execution.
Processioning
A term used in Tennessee to signify the manner of ascertaining the boundaries of land, as provided for by the laws of that state.
Prochein
Next. This word is frequently used in composition; as, prochein amy, prochein cousin, and the like.
Prochein amy
More correctly prochain ami. Next friend.
Proclamation
1) Evidence. The act of causing some state matters to be published or made generally known. A written or printed document in which are contained such matters, issued by proper authority; as the president's proclamation, the governor's, the mayor's proclamation. 2) The word proclamation is also used to express the public nomination made of any one to a high office; as, such a prince was proclaimed emperor. 3) Practice. The declaration made by the cryer, by authority of the court, that something is about to be done.
Proclamation of exigents
English law. On awarding an exigent, in order to outlawry, a writ of proclamation issues to the sheriff of the county where the party dwells, to make three proclamations for the defendant to yield himself, or be outlawed.
Proclamation of rebellion
English law. When a party neglects to appear upon a subpoena, or an attachment in the chancery, a writ bearing this name issues, and if he does not surrender himself by the day assigned, he is reputed, and declared a rebel.
Procreation
The generation of children; it is an act authorized by the law of nature: one of the principal ends of marriage is the procreation of children.
Proctor
One appointed to represent in judgment the party who empowers him, by writing under his hand called a proxy. The term is used chiefly in the courts of civil and ecclesiastical law. The proctor is somewhat similar to the attorney.
Procuration
Civil law. The act by which one person gives power to another to act in his place, as he could do himself. A letter of attorney.
Procurations
Eccles. law. Certain sums of money which parish priests pay yearly to the bishops or archdeacons ratione visitationis.
Procurator
1) Civil law. A proctor; a person who acts for another by virtue of a procuration. Procurator est, qui aliena negotia mandata Domini administrat.
Procurator in rem suam
Scotch law. This imports that one is acting as attorney as to his own property. When an assignment of a thing is made, as a debt, and a procuration or power of attorney is given to the assignee to receive the same, he is in such case procurator in rein suam.
Procuratorium
The proxy or instrument by which a proctor is constituted and appointed.
PREVIOUS AND NEXT TERMS--------------------------------------
Procedural theory
A theory of maritime liens, particularly popular in England, which holds that maritime liens are the "children of procedure" and in particular of the writ in rem, rather than substantive rights in the property of another.
Proceeding
In its general acceptation, this word means the form in which actions are to be brought and defended, the manner of intervening in suits, of conducting them, the mode of deciding them, of opposing judgments and of executing.
Proceres
The name by which the chief magistrates in cities were formerly known.
Proces verbal
French law. A true relation in writing in due form of law of what has been done and said verbally in the presence of a public officer, and what he himself does upon the occasion. It is a species of inquisition of office.
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.
Process of garnishment
Process of interpleader
Practice. Formerly when two parties concurred in a bailment to a third person of things which were to be delivered to one of them on the performance of a covenant or other thing, and the parties brought several actions of detinue against the bailee, the latter might plead the facts of the case and pray that the plaintiffs in the several actions might interplead with each other; this was called process of interpleader.
Process, mesne
Pradice. By this term is generally understood any writ issued in the course of a suit between the original process and execution.
Processioning
A term used in Tennessee to signify the manner of ascertaining the boundaries of land, as provided for by the laws of that state.
Prochein
Next. This word is frequently used in composition; as, prochein amy, prochein cousin, and the like.
Prochein amy
More correctly prochain ami. Next friend.
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This dictionary contains 8526 terms.
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