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

Category: C

COMES AND DEFENDS

This phrase, anciently used in the language of pleading, and still surviving in some jurisdictions, occurs at the commencement of a defendant’s plea or demurrer; and of its two verbs the former

COMMANDITE

In French law. A special or limited partnership, where the contract is between one or more persons who are general partners, and jointly and severally responsible, and one or more other persons

COMMERCIAL LAW

A phrase used to designate the whole body of substantive jurisprudence applicable to the rights, intercourse, and relations of persons engaged in commerce, trade, or mercantile pursuits. It is not a very

COMMISSION TO TAKE DEPOSITIONS

A written authority issued by a court of justice, giving power to take C the testimony of witnesses who cannot be per- l sonally produced in court. Tracy v. Suydam, 30 Barb.

COMMODATI ACTIO

Lat. In the civil law. An action of loan; an action for a thing lent. An action given for the recovery of a thing loaned, (commodatuin,) and not returned to the lender.

COMMON BAB

In pleading. (Otherwise called “blank bar.”) A plea to compel the plaintiff to assign the particular place where the trespass has been committed. Steph. PI. 256.

COMMORIENTES

Several persons who perish at the same time in consequence of the same calamity.

COMMUNION OF GOODS

In Scotch law. The right enjoyed by married persons in the movable goods belonging to them. Bell. Communis error facit jus. Common error makes law. 4 Inst. 240; Noy, Max. p. 37,

COMPILED STATUTES

A collection of the statutes existing and in force in a given state, all laws and parts of laws relating to each subject-matter being brought together under one head, and the whole

COMPOUNDING A FELONY

The offense committed by a person who, having been directly injured by a felony, agrees with the criminal that he will not prosecute him. on condition of the latter’s making reparation, or

CONCEPTUM

In the civil law. A theft (furtum) was called “conceptum,” when the thing stolen was searched for, and found upon some person in the presence of witnesses. Inst. 4, 1, 4.

CONCLUDED

Ended; determined; estopped ; prevented from.

CONCUBINE

(1) A woman who cohabits with a man to whom she is not married. (2) A sort of inferior wife, among the Romans, upon whom the husband did not confer his rank

CONDICTIO INDEBITATI

An action which lay to recover anything which the plaintiff had given or paid to the defendant, by mistake, and which he was not bound to give or pay, either in fact

CONFIRM

To complete or establish that which was imperfect or uncertain; to ratify what has been done without authority or insufficiently. Boggs v. Mining Co.. 14 Cal. 305; Railway Co. v. Ransom, 15

CONFLICT OF PRESUMPTIONS

In this conflict certain rules are applicable, viz.: (1) Special take precedence of general presumptions; (2) constant of casual ones; (3) presume in favor of innocence; (4) of legality; (5) of validity;

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