Your Free Online Legal Dictionary • Featuring Black’s Law Dictionary, 2nd Ed.

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ALLEGING DIMINUTION

The allegation in an appellate court, of some error in a subordinate part of the nisi prius record.

ALONG

This term means “by.” “on,” or “over,” according to the subject-matter and the context. Pratt v. Railroad Co.. 42 Me. 583; Walton v. Railway Co., 07 Mo. 58; Church v. Meeker, 34

ALTIUS TOLLENDI

In the civil law. A servitude which consists in the right, to him who is entitled to it, to build his house as high as he may think proper. In general, however,

AMBIGUITY

Doubtfulness; doubleness of meaning; indistinctness or uncertainty of meaning of an expression used in a written instrument. Ninrlle v. State Bank, 13 Neb. 245, 13 N. W. 275; Ellmaker v. Ellmaker, 4

AMERCEMENT

A pecuniary penalty, in the nature of a fine, imposed upon a person for some fault or misconduct, he being “in mercy” for his offense. It was assessed by the peers of

AMOTIO

In the civil law. A moving or taking away. “The slightest amotio is sufficient to constitute theft, if the animus furandi be clearly established.” 1 Swint 205.

ANCILLARY

Aiding; auxiliary; attendant upon; subordinate; a proceeding attendant upon or which aids another proceeding considered as principal. Steele v. Insurance Co., 31 App. Div. 389, 52 N. Y. Supp. 373.

ANHLOTB

In old English law. A single tribute or tax, paid according to the custom of the country as scot and lot.

ANIMUS ET FACTUS

Intention and act; will and deed. Used to denote those acts which become effective only when accompanied by a particular intention.

ANKER

A measure containing ten gallons.

ANNOTATIO

In the civil law. The sign-manual of the emperor; a rescript of the emperor, signed with his own hand. It is distinguished both from a rescript and pragmatic sanction, in Cod. 4,

ANNUS LUCTUS

The year of mourning. It was a rule among the Romans, and also the Danes and Saxons, that widows should not marry infra annum luctus, (within the year of mourning.) Code 5,

ANTIQUA STATUTA

Also called “Vetera Statuta.” English statutes from the time of Richard I. to Edward III. 1 Reeve, Eng. Law, 227.

APICES LITIGANDI

Extremely fine points, or subtleties of litigation. Nearly equivalent to the modern phrase “sharp practice.” “It is unconscionable in a defendant to take advantage of the apices litigandi, to turn a plaintiff’around

APPARATOR

A furnisher or provider. Formerly the sheriff, in England, had charge of certain county affairs and disbursements, in which capacity he was called “apparator eomitutus,” and received therefor a considerable emolument. Cowell.

APPLY

1. To make a formal request or petition, usually in writing, to a court, officer, board, or company, for the granting of some favor, or of some rule or order, which is

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