Full; entire; complete; unabridged. In the ecclesiastical courts, (and in admiralty practice,) causes are divided into plena ry and summary. The former are those in whose proceedings the order and solemnity of the law is required to be exactly observed, so that if there is the least departure from that order, or disregard of that… Continue Reading PLENARY
Search Results for: admiralty
PETITORY ACTION
A droitural action ; that is. one in which the plaintiff seeks to establish and enforce, by an appropriate legal proceeding, his right of property, or his title, to the subject-matter in dispute; as distinguished from a possessory action, where the right to the possession is the point In litigation, and not the mere right… Continue Reading PETITORY ACTION
PARTIES
The persons who take part in the performance of any act, or who are directly interested in any affair, contract, or conveyance, or who are actively concerned in the prosecution and defense of any legal proceeding. U. S. v. Henderlong (C. C.) 102 Fed. 2; Robbins v. Chicago, 4 Wall. 672, 18 L. Ed. 427;… Continue Reading PARTIES
NEMO
Lat. No one; no man. The iui- tial word of many Latin phrases and maxims, among which are the following: Nemo admittendus est inhabilitare seipsuin. Jenk. Cent. 40. No mau is to be admitted to incapacitate himself. Nemo agit in seipsum. No man acts agaiust himself. Jenk. Cent. p. 40, case 70. A man cannot… Continue Reading NEMO
MONSTRANS DI
which is either a simple monition in personam or an attachment and monition in rem. Ben. Adm. 22S, 230. It is sometimes termed “monition fits et modis,” and has Leen supposed to be derived from the old Itoman practice of summoning a defendant. Mauro v. Almeida, 10 Wheat. 400, 6 L. Ed. 309. The monition,… Continue Reading MONSTRANS DI
MODERATE SPEED
In admiralty law. AS applied to a steam-vessel, “such speed only is moderate as will permit the steamer reasonably and effectually to avoid a collision by slackening speed, or by stopping and reversing, within the distance at which an ap- proaching vessel can be seen.” The City of New York (C. C.) 35 Fed. 609;… Continue Reading MODERATE SPEED
LITIS CONTESTATIO
Lat. In the civil and canon law. Contestation of suit; the process of contesting a suit by the opposing statements of the respective parties; the process of coming to an issue; the attainment of an issue; the issue itself. In the practice of the ccclcsiastical courts. The general answer made by the defendant, in which… Continue Reading LITIS CONTESTATIO
LI ARB
An old French coin, of silver or copper, formerly current to a limited extent in England, and there computed as equivalent to a farthing. LIBEL, v. In admiralty practice. To proceed against by filing a libel; to seize under admiralty process, at the commencement of a suit. Also to defame or injure a person’s reputation… Continue Reading LI ARB
LIBELANT
The complainant or party who files a libel in an ecclesiastical or admiralty case, corresponding to the plaintiff in actions at law.
LIBELEE
A party against whom a libel has been filed In an ecclesiastical court or In admiralty.