What is IN RE?
In the affair; in the matter of. This is the usual method of entitling a judicialproceeding in which there are not adversary parties, but merely some res concerningwhich judicial action is to be taken, such as a bankrupt’s estate, an estate in theprobate court, a proposed public highway, etc. It is also sometimes used as adesignation of a proceeding where one party makes an application on his own behalf,but suc-h proceedings are more usually entitled “Ex parteIn re communi neminem dominorum jure facere quicquam, invito altero, posse. Oneco-proprietor can exercise no authority over the common property against the will ofthe other. Dig. 10, 3, 28.In re communi potior est conditio pro- hibentis. In a partnership the condition of onewho forbids is the more favorable.In re dubia, benigniorem interpreta- tionem sequi, non minus justius est quamtutius. In a doubtful matter, to follow the more liberal interpretation is not less thejuster than the safer course. Dig. 50, 17, 192, 1.In re dubia, magis inficiatio quam af- flrmatio intelligenda. Ill a doubtful matter, thedenial or negative is to be understood, [or regarded,] rather than the affirmative. Godb. 37.In re lupanari, testes lnpanares ad- mittentnr. In a matter concerning a brothel,prostitutes are admitted as witnesses. Van Epps v. Van Epps, 6 Barb. (N. Y.) 320, 324.In re pari potiorem cansam esse pro- bibentis constat. In a thing equally shared [byseveral] it is clear that the party refusing [to permit the use of it] has the better cause.Dig. 10, 3, 28. A maxim applied to partnerships, where one partner has a right to withhold his assent to the acts of hiscopartner. 3 Kent, Comm. 45.In re propria iniquum admodnm est alicni licentiam tribuere sententiae. Itis extremely unjust that any one should be judge in his own cause.In rebus manifestis, errat qui author- itates legnm allegat; quia perspicue vera nonsunt probanda. In clear cases, he mistakes who cites legal authorities; for obvioustruths are not to be proved. 5 Coke, (STer. Applied to cases too plain to require thesupport of authority; “because,” says the report, “he who endeavors to prove themobscures them.”In rebus qua; sunt favorabilia animae, quamvis sunt damnosa rebus, fiat ali- quandoextrnsio statuti. 10 Coke, 101. In things that are favorable to the spirit, though injuriousto things, an extension of a statute should sometimes be made.
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