In the popular sense, this term denotes the contracting of a marriage relation between two persons considered as members of different nations, tribes, families, etc., as, between the sovereigns of two different countries, between an American and an alien, between Indians of different tribes, between the scions of different clans or families. But, in law, it is sometimes used (and with propriety) to emphasize the mutuality of the marriage contract and as importing a reciprocal en- gagement by which each of the parties “marries”‘ the other. Thus, in a pleading, instead of averring that “the plaintiff was married to the defendant,” it would be proper to allege that “the parties intermarried” at such a time and place.
Interpretare et concordare leges leg- ibus, est optimiis interpretandi modus. I’D interpret, and [in such a way as] to harmonize laws with laws, is the best mode of interpretation. 8 Coke, 169a. Interpretatio chartarum benigne faci- enda est, ut res magis valeat quam pereat. The interpretation of deeds is to be liberal, that the thing may rather have effect than fail. Rroom, Max. 543. Interpretatio fienda est nt res magis valeat quam pereat. Jenk. Cent. 108. Such an interpretation is to be adopted that the thing may rather stand than fall. Interpretatio talis in ambiguis semper fienda est ut evitetur inconveniens et absurdum. In cases of ambiguity, such an interpretation should always be made that what is inconvenient and absurd may be avoided. 4 Inst. 328.
Lat. In the civil and old English law. An intestate; one who dies without a will. Dig. 50, 17, 7. Intestatus decedit, qui ant omnino test anion turn non fecit; ant non jure fecit; aut id quod fecerat ruptum irri- tumve factum est; aut nemo ex eo hsercs exstitit. A person dies intestate who either has made no testament at all or has made one not legally valid; or if the testament he has made be revoked, or made useless; or if no one becomes heir under it. Inst. 3, 1, pr.
An encroachment upon the rights of another; the incursion of an army for conquest or plunder. Webster. See ^Etna Ins. Co. v. Boon, 95 U. S. 129, 24 L. Ed. 395. ?
Lat. Being unwilling. Against or without the assent or consent.
Lat. So it is; so it stands. In modern civil law, this phrase is a form of attestation added to exemplifications from a notary’s register when the same are made by the successor in office of the notary who made the original entries.
Damages are called “inadequate,” within the rule that an injunction will not be granted where adequate damages at law could be recovered for the injury sought to be prevented, when such a recovery at law would not compensate the parties and place them in the position in which they formerly stood. Insurance Co. v. Bonner, 7 Colo. App. 97, 42 Pac. 081.
This term is sometimes used as equivalent to “exemplary,” “vindictive,” or “punitive” damages. Murphy v. Hobbs, 7 Colo. 541, 5 Pac. 119. 49 Am. Rep. 366
Such damages to an appellee as result from the delay caused by the appeal. McGregor v. Balch, 17 Vt. 508; Peasely v. Buckminster, 1 Tvler (Vt.) 207; Roberts v. Warner, 17 Vt. 40, 42 Am. Dec. 478.
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