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Quod ei deforceat
Quod ei deforceatEnglish law. The name of a writ given to the owners of a particular estate, as for life, in dower, by the curtesy, or in fee tail, who are barred of the right of possession by a recovery had against them through their default or non-appearance in a possessory action; by which the right was restored to him, who had been thus unwarily deforced by his own default. RELATED TERMS-------------------------------------- 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. Name One or more words used to distinguish a particular individual, as Socrates, Benjamin Franklin. 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). Estate A right or interest in property or the property of a deceased person. Life The aggregate of the animal functions which resist death. Bichat. Dower A wife's common law right to inherit from her husband. Curtesy Curtesy or courtesy. Scotch law. A right which vests in the hushand, and is in the nature of a life-rent. It is a counterpart of the terce. Tail An estate tail is an estate of inheritance, to a man or a woman and his or her heirs of his or her body, or heirs of his body of a particular description, or to several persons and the heirs of their bodies, or the heirs generally or specially of the body or bodies of one person, or several bodies. 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. Possession International law. By possession is meant a country which is held by no other title than mere conquest. Recovery A recovery, in its most extensive sense, is the restoration of a former right, by the solemn judgment of a Court of justice. Default "1) The neglect to perform a legal obligation or duty; but in technical language by default is often understood the non-appearance of the defendant within the time prescribed by law, to defend himself; it also signifies the non-appearance of the plaintiff to prosecute his claim. 2) Contracts, torts. It is enacted that ""no action shall be brought to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person, unless the agreement"", ""shall be in writing,"" By default under this statute is understood the non-performance of duty, though the same be not founded on a contract. 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. SIMILAR TERMS-------------------------------------- Quod computet The name of an interlocutory judgment in an action of account render: also the name of a decree in the case of creditors' bills against executors or administrators. Quod cum Pleading; It is a general rule in pleading, regulating alike every form of action, that the plaintiff shall state his complaint in positive and direct terms, and not by way of recital. Quod damnum English law. The name of a writ issuing out of and returnable intochancery, directed to the sheriff, commanding him to inquire by a jury 'Whatchancery, directed to the sheriff, commanding him to inquire by a jury 'Whatdamage it will be to the king, or any other, to grant a liberty, fair,damage it will be to the king, or any other, to grant a liberty, fair,market, highway, or the like.market, highway, or the like. Quod permittat English law. That he permit. The name of a writ which lies for the heir of him who is disseised of his common of pasture, against the heir of the disseisor, he being dead. Quod permittat prosternere English law. That he give leave to demolish. The name of a writ which commands the defendant to permit the plaintiff to abate the nuisance of which complaint is made, or otherwise to appear in court and to show cause why he will not. On proof of the facts the plaintiff is entitled to have judgment to abate the nuisance and to recover damages. This proceeding, on account of its tediousness and expense, has given way to a special action on the case. Quod prostravit The name of a judgment upon an indictment for a nuisance, that the defendant abate such nuisance. Quod recuperet That he recover. The form of a judgment that the plaintiff do recover. PREVIOUS AND NEXT TERMS-------------------------------------- Quo warranto Remedies. By what authority or warrant. The name of a writ issued in the name of a government against any person or corporation that usurps any franchise or office, commanding the sheriff of the county to summon the defendant to be and appear before the court whence the writ issued, at a time and place therein named, to show "quo warranto" he claims the franchise or office mentioned in the writ. Quoad hoc As to this; with respect to this. A term frequently used to signify, as to the thing named, the law is so and so. Quod computet The name of an interlocutory judgment in an action of account render: also the name of a decree in the case of creditors' bills against executors or administrators. Quod cum Pleading; It is a general rule in pleading, regulating alike every form of action, that the plaintiff shall state his complaint in positive and direct terms, and not by way of recital. Quod damnum English law. The name of a writ issuing out of and returnable intochancery, directed to the sheriff, commanding him to inquire by a jury 'Whatchancery, directed to the sheriff, commanding him to inquire by a jury 'Whatdamage it will be to the king, or any other, to grant a liberty, fair,damage it will be to the king, or any other, to grant a liberty, fair,market, highway, or the like.market, highway, or the like. Quod ei deforceat Quod permittat English law. That he permit. The name of a writ which lies for the heir of him who is disseised of his common of pasture, against the heir of the disseisor, he being dead. Quod permittat prosternere English law. That he give leave to demolish. The name of a writ which commands the defendant to permit the plaintiff to abate the nuisance of which complaint is made, or otherwise to appear in court and to show cause why he will not. On proof of the facts the plaintiff is entitled to have judgment to abate the nuisance and to recover damages. This proceeding, on account of its tediousness and expense, has given way to a special action on the case. Quod prostravit The name of a judgment upon an indictment for a nuisance, that the defendant abate such nuisance. Quod recuperet That he recover. The form of a judgment that the plaintiff do recover. Quorum Used substantively, quorum signifies the number of persons belonging to a legislative assembly, a corporation, society, or other body, required to transact business; there is a difference between an act done by a definite number of persons, and one performed by an indefinite number: in the first case a majority is required to constitute a quorum, unless the law expressly directs that another number may make one; in the latter case any number who may be present may act, the majority of those present having, as in other cases, the right to act. We thank you for using the Juridical Dictionary to search for Quod ei deforceat. 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