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IN RE Definition & Legal Meaning

Definition & Citations:

In the affair; in the matter of. This is the usual method of entitling a judicial proceeding in which there are not adversary parties, but merely some res concerning which judicial action is to be taken, such as a bankrupt’s estate, an estate in the probate court, a proposed public highway, etc. It is also sometimes used as a designation of a proceeding where one party makes an application on his own behalf,but such proceedings are more usually entitled “Ex parte In re communi neminem dominorum jure facere quicquam, invito altero, posse. One co-proprietor can exercise no authority over the common property against the will of the other. Dig. 10, 3, 28.In re communi potior est conditio pro- hibentis. In a partnership the condition of one who 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 the juster than the safer course. Dig. 50, 17, 192, 1.In re dubia, magisinficiatio quam af- flrmatio intelligenda. In a doubtful matter, the denial 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 his copartner. 3 Kent, Comm. 45.In re propria iniquum admodnm est alicni licentiam tribuere sententiae. It is 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 obvious truths are not to be proved. 5 Coke, (STer. Applied to cases too plain to require the support of authority; “because,” says the report, “he who endeavors to prove them obscures 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 injurious to things, an extension of a statute should sometimes be made.


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