Tag: pleadings

  • Payment

    The transfer of money from one person to another with the assent of both parties . A transfer made without such assent will not constitute payment. The term also denotes the delivery to and the acceptance by a creditor of any other valuable thing in reduction or […]

  • Maintained

    In pleading. A technical word indispensable in an indictment for maintenance. 1 Wils. 325. …

  • Traitorously

    In pleading. A technical word, which is essential in an indictment for treason in order to charge the crime, and which cannot be supplied by any other word or any kind of circumlocution. Having been well laid in the statement of the treason itself, it is not necessary to state every overt […]

  • Traitorously

    In pleading. A technical word, which is essential in an indictment for treason in order to charge the crime, and which cannot be supplied by any other word or any kind of circumlocution. Having been well laid in the statement of the treason itself, it is not necessary to state every overt […]

  • Local Action

    In practice. An action the cause of which could have arisen in some particular county only. All local actions must be brought in the county where the cause of action arose. In general, all actions are local which seek the recovery of real property (2 W. Bl. 1070; 4 Term R. 504; 7 Term R.…

  • Malice Aforethought

    In the law of homicide , the intention to kill, actual or implied , under circumstances which do not constitute excuse or justification ; the intentional doing of an unlawful act which intention was conceived before the act was executed. The term denotes purpose and design in […]

  • Unlawfully

    In pleading. This word is frequently used in indictments in the deUNLIQUIDATED DAMAGES soription of the oflPense. It Is neoeasary when the crime did not exist at common law, and when a statute, in describing an offense which it creates, uses the word (1 Moody, Cr. Gas. 889) ; but it is […]

  • Carnally Knew

    A technical phrase essential in an indictment to charge the defendant with the crime of rape. No other words nor circumlocution will answer. 1 Hale, P. C. 632; 1 Chit. Crim. Law, 243; Co. Litt. 137. …

  • Carnally Knew

    A technical phrase essential in an indictment to charge the defendant with the crime of rape. No other words nor circumlocution will answer. 1 Hale, P. C. 632; 1 Chit. Crim. Law, 243; Co. Litt. 137. …

  • Quare

    Legal Definition and Related Resources of Quare Meaning of Quare (Lat.) In pleading. Wherefore. This word is sometimes used in the writ in certain actions, but is inadmissible in a material averment in the pleadings, for it is merely […]

  • Non Tenent Insimul

    (Lat. they do not hold together). In pleading. A plea to an action in partition, by which the defendant denies that he holds the property which is the subject of the suit, together with the complainant or plaintiff. …

  • Against the will

    Technical words which must be used in framing an indictment for robbery from the person. 1 Chit. Cr. Law, 244. In the statute of 13 Edw. I. (Westminster II.) c. 34, the oflfense of rape is described to be ravishing a woman where she did not consent, and not ravishing against […]

  • Knowingly

    With knowledge, having knowledge. As part of the statutory definition of a criminal offense:-a term without a single fixed and uniform meaning, the meaning in the particular case to be determined according to the character of the offense charged; sometimes construed as intentionally, in which […]

  • Knowingly

    With knowledge, having knowledge. As part of the statutory definition of a criminal offense:-a term without a single fixed and uniform meaning, the meaning in the particular case to be determined according to the character of the offense charged; sometimes construed as intentionally, in which […]

  • Maim

    In criminal law. To deprive a person of such part of his body as to render him less able in fighting or defending himself than he would have otherwise been. See Mayhem. …