Legal Articles

ACTIONABLE NEGLIGENCE

The breach or nonperformance of a legal duty, through neglect or carelessness, resulting in damage or injury to another. Roddy v. Missouri Pac. R. Co.. 104 Mo. 234. 15 S. W. 1112. 12 L. R. A. 740, 24 Am. St. Rep. 333; Boardman v. Creighton, 95 Me. 154, 49 Atl. 003; llale v. Grand Trunk R. Co., 00 Vt. C>05. 15 Atl. 300. 1 L. R. A. 187: Fidelity & Casualty Co. v. Cutts. 95 Me. 102, 49 Atl. 073.

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ACTRIX

Lat A female actor; a female plaintiff. Calvin. Acts indicate the intention. 8 Co. 1406; Broom, Max. 301.

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ACTUS INCEPTUS, CUJUS PERFECTIO PEN- DET EX VOLUNTATE PARTIUM, REVOCARI POTEST; SI AUTEM PENDET EX VOLUNTATE TER- TISE PERSONSE, VEL EX CONTINGENT!, REVOCARI NON POTEST

An act already begun, the completion of which depends on the will of the parties, may be revoked; but if it depend on the will of a third person, or on a contingency, it cannot be revoked. Bac. Max. reg. 20.

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AD BARRAM

To the bar; at the bar. 3 How. State Tr. 112.

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AD EXHXREDATIONEM

To the disherison, or disinheriting; to the injury of the inheritance. Bract, fol. 15a; 3 Bl. Comm. 288. Formal words in the old writs of waste.

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AD INDE

Thereunto. Ad inde rcqui- situs, thereunto required. Townsh. PI. 22.

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AD MORDENDUM ASSUETUS

Accustomed to bite. Cro. Car. 254. A material D averment in declarations for damage done by a dog to persons or animals. 1 Chit. Pi. 388; 2 Chit. PI. 597.

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AVERAGE

And see Peters v. Warren Ins. Co., 19 Fed. Cas. 370.

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Amentia

A total lack of intelligence, reason, or mental capacity. Sometimes so used as to cover imbecility or dotage, or even as applicable to all forms of insanity ; but properly restricted to a lack of mental capacity due to original defective organization of the brain (idiocy) or arrested cerebral development, as distinguished from the degeneration of intellectual faculties which once were normal.

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ACTUAL DAMAGES

Are real, substantial and just damages, or the amount awarded to a complainant in compensation for his actual and real loss or injury, as opposed on the one hand to “nominal” damages, and on the other to “exemplary” or “punitive” damages. Ross v. Leggett, 61 Mich. 445, 28 N. W. 695. 1 Am. St Rep. 608: Lord v. Wood, 120 Iowa, 303, 94 N. W. 842; Western Union Tel. Co. v. Lawson, 66 Kan.. 600, 72 Pac. 2S3; Field v. Monster. 11 Tex. Civ. App. 341, 32 S. W. 417; Oliver v. Columbia, etc., R. Co., 05 S. C. 1, 43 S. E. 307; Gatzow v. Buening, 106 Wis. 1. 81 N. W. 1003, 49 L. R. A. 475, 80 Am. St. Rep. 1 ; Osborn v. Leach, 135 X. C. 02S 47 S. E. 811, 66 L. R. A. 648; Gen. St. Minn. 1S94.

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AFFIRMATIVE DAMAGES

In admiralty law, affirmative damages are damages which a respondent in a libel for injuries to a vessel may recover, which may be in excess of any amount which the libellant would be entitled to claim. Ebert v. The Reuben Doud (D. C.t 3 Fed. 520.

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ASTRONOMICAL DAY

The period of twenty- four hours beginning and ending at noon.

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ARTIFICIAL DAY

The time between the rising and setting of the sun; that is. day or daytime as distinguished from night.

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