Formerly convicted. In criminal law. A plea by a criminal in bar to an indictment that he has been formerly convicted of the same identical crime. 4 Bl. Comm. 336; 4 Steph. Comm. 404; Simco v. State, 9 Tex. App. 348; U. S. v. Olsen (D. C.) 57 Fed. 582; Shepherd v. People, 25 N. Y. 420.
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In pleading. To declare or assert; to set out distinctly and formally; to allege. In old pleading. To avouch or verify. Litt.
A term used in the Scotch law, signifying to abet or assist.
The removal of a considerable quantity of soil from the land of one man, and its deposit upon or annexation to the land of another, suddenly and by the perceptible action of water. 2 Washb. Real Prop. 452. The property of the part thus separated continues in the original proprietor, in which respect avulsion differs from alluvion, by which an addition is insensibly made to a property by the gradual washing down of the river, and which addition becomes the property of the owner of the lands to which the addition is made. Wharton. And see Rees v. McDaniel, 115 Mo. 145, 21 S. W. 013; Nebraska v. Iowa. 143 U. S. 359, 12 Sup. Ct. 396, 36 L. Ed. 1S6; Bouvier v. Stricklett, 40 Neb. 792, 59 N. W. 550; Chicago v. Ward, 109 111. 392, 48 N. E. 927, 3S IJ. R. A. 849, 61 Am. St. Rep. 185.
As distinguished from a criminal action, it is one which seeks the establishment, recovery, or redress of private and civil rights. Civil suits relate to and affect, as to the parties against whom they are brought, only individual rights which are within their individual control, and which they may part with at their pleasure. The design of such suits is the enforcement of merely private obligations and duties. Criminal prosecutions, on the other hand, involve public wrongs, or a breach and violation of public rights and duties, which affect the whole community, considered as such in its social and aggregate capacity. The end they have in view is the prevention of similar offenses, not atonement or expiation for crime committed. Cancemi v. People, 18 N. Y. 128. Civil cases are those which involve disputes or contests between man and man, and which only terminate in the adjustment of the rights of plaintiffs and defendants. They include all cases which cannot legally be denominated “criminal eases.” Fenstermacher v. State, 19 Or. 504, 25 Pac. 142.
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.
And see Peters v. Warren Ins. Co., 19 Fed. Cas. 370.
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.
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.
The time between the rising and setting of the sun; that is. day or daytime as distinguished from night.
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