Legal Articles

EX ARBITRIO JUDICIS

At, in, or upon the discretion of the judge. 4 Bl. Comm. 304. A term of the civil law. Inst. 4, 6,31.

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EX CURIA

Out of court; away from the court.

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EX LEGE

By the law; by force of law; as a matter of law

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EX POST FACTO LAW

A law passed after the occurrence of a fact or commission ofan act, which retrospectively changes the legal consequences or relations of such’ factor deed. By Const. U. S. art. 1,

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EX VOLUNTATE

free-will or choice.Voluntarily; from

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EXCERPTA, or EXCERPTS

Extracts.

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EXCUSE

A reason alleged for doing or not doing a thing. Worcester.A matter alleged as a reason for relief or exemption from some duty or obligation.

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EXECUTRY

In Scotch law. The movable estate of a person dying, which goes to hisnearest of kin. So called as falling under the distribution of an executor. Bell.Exempla illustrant non restringunt legem. Co. Litt. 240. Examples illustrate, but donot restrain, the law.

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EXERCITUS

In old European law. An army; an armed force. The term was absolutelyindefinite as to number. It was applied, on various occasions, to a gathering offorty-two armed men, of thirty-five, or even of four. Spelman.

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EXILE

Banishment; the person banished.

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EXPECT

To await; to look forward to something intended, promised, or likely tohappen. Atchison, etc., R. Co. v. Ilamliu, 07 Kan. 470, 73 Pac. 58.

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EXECUTED TRUST

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E

In old English and Scotch law. Respite; delay; continuance of time; postponement Respiciendum est judieanti ne quid aut durius aut rewissius coustituatur quam causa deposcit; nee euim aut se- vcritatis aut demcntise gloria aii’ecta.uda est. The judge must see that no order be made or judgment given or sentence passed either more harshly or more mildly thau the case requires; he must not seek renown, either as a severe or as a tender-hearted judge.

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EQUITABLE ASSETS

Equitable assets are all assets which are chargeable with the payment of debts or legacies in equity, and which do not fall under the description of legal assets. 1 Story, Eq. .Tor.

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EASON V

State, 11 Ark. 491; Atchison St. It. Co. v. Missouri Pac. R. Co.. 31 Kan. 661, 3 Pac. 284; Orr v. Quimby, 54 N. H. 613. 7. In the law of contracts, an obligation; a deed, whereby the obligor acknowledges himself to owe to the obligee a certain sum of money or some other thing. It may be indented or poll, and with or without a penalty.

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EQUITABLE CONSTRUCTION

A construction of a law, rule, or remedy which has regard more to the equities of the particular transaction or state of affaire involved than to the strict application of the rule or remedy; that is, a liberal and extensive construction, as opposed to a literal and restrictive. Smiley v. Sampson, 1 Neb. 91.

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EXECUTED AND EXECUTORY

Contracts are also distinguished into executed and executory: executed, where nothing remains to be done by either party, and where the transaction is completed at the moment that the arrangement is made, as where an article is sold and delivered, and payment therefor is made on the spot; executory, where some future act is to be done, as where an agreement is made to build a house in six months, or to do an act on or before some future day, or to lend money upon a certain interest, payable at a future time. Farrington v. Tennessee. 95 XT. S. 683. 24 L. Ed. 558; Fox v. Kitton. 19 111. 532: Watkins v. Xugen. 118 Ga. 372. 45 S. E. 202: Knoch v. Ives. 14 Fed. Cas. 89 ft; Watson v. Const. 35 W. Ya. 403, 14 S. E. 2-19: Keokuk v. Electric Co.. 90 Iowa, 07, 57 X. W. 08!); Hatch v. Standard Oil Co., 100 II. S. 130. 25 L. Ed. 554; Foley v. Felrath, 98 Ala. 170, 13 South. 4S5. 39 Am. St. Rep. 39. But executed contracts are not properly contracts at all, except reminiscent.v. The term denotes rights in property which have been acquired by means of contract: but the parties are no longer bound by a contractual tie. Mettel v. Gales, 12 S. D. 632, 82 X. W. 181.

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ENTIRE AND SEVERABLE

An entire contract is one the consideration of which is entire on both sides. The entire fulfillment of the promise by either is a condition precedent to the fulfillment of any part of the promise by the other. Whenever, therefore, there is a contract to pay the gross sum for a certain and definite consideration, the contract is entire. A severable contract is one the consideration of which is, by its terms, susceptible of apportionment on either side, so as to correspond to the unascertained consideration on the other side, as a contract to pay a person the worth of his services so long as he will do certain work; or to give a certain price for every bushel of so much corn as corresponds to a sample. Potter v. Potter, 43 Or. 149, 72 Pac. 702; Telephone Co. v. Root (Pa.) 4 Atl. 829; Horseman v. Horseman, 43 Or. 83, 72 Pac. <198; Norrington v. Wright (C. C.) 5 Fed. 771; Dowlev v. Schiller (Com. PI.) 13 N. Y. Supp. r>r>2: Osgood v. Bander, 75 Iowa, 550, 39 N. W. S87, 1 L. R. A. 055. Where a contract consists of many parts, which may be considered^ as parts of one whole, the contract is entire. When the parts may be considered as so many distinct contracts, entered into at one time, and expressed in the same instrument, but not thereby made one contract, the contract is a separable contract. But. if the consideration of the contract is single and entire, the contract must be held to be entire, although the subject of the contract may consist of several distinct and wholly independent items. 2 Tars. Cont. 517.

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ELEEMOSYNARY AND CIVIL

Lay corporations are classified as “eleemosynary” and “civil;” the former being such as are created for the distribution of alms or for the administration of charities or for purposes falling under the description of “charitable” in its widest sense, including hospitals, asylums, and colleges; the latter being organized for the facilitating of business transactions and the profit or advantage of the members. 1 Bl. Comm. 471; Dartmouth College v. Woodward, 4 Wheat. 660, 4 L. Ed. 029. In the law of Louisiana, the term “civil” as applied to corporations, is used in a different sense, being contrasted with “religious.” Civil corporations are those which relate to temporal police; such are the corporations of the cities, the companies for the advancement of commerce and agriculture, literary societies, colleges or universities founded for the instruction of youth, and the like. Religious corporations are those whose establishment relates only to religion; such are the congregations of the different religious persuasions. Civ. Code La. art. 431

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EXECUTION CREDITOR

One who, having recovered a judgment against the debtor for his debt or claim, has also caused an execution to be issued thereon.

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