Legal Articles

MIS

An inseparable particle used In composition, to mark an ill sense or deprava- tion of tbe meaning; as “miscomputation” or “misaccompting.” i. c., false reckoning. Several of the words following are illustrations of the force of this monosyllable.

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MISDEMEANANT

A person guilty of a misdemeanor; one sentenced to punishment upon conviction of a misdemeanor. See FIRST-GLASS MISDEMEANANT.

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MISPLEADING

Pleading incorrectly, or omitting anything in pleading which is es sential to the support or defense of an action, is so called; as in the case of a plaintiff not merely stating his title in a defective manner, but setting forth a title which is essentially defective in itself; or if, to an action of debt, the defendant pleads “not guilty” instead of nil debet. Brown. See Lovett v. Pell, 22 Wend. (N. Y.) 370; Chicago & A. R. Co. v. Murphy, 198 111. 402, 04 N. E. 1011.

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MISUSER

Abuse of au office or franchise. 2 Bl. Comm. 153.

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MODUS

thing invented, made on a reduced scale, In compliance with the patent laws. See State v. Fox, 25 N. J. Law, 5G6; Montana Ore Purchasing Co. v. Roston, etc., Min Co., 27 Mont 288, 70 Pac. 1126.

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MOLENDUM

A grist; a certain quantity of corn sent to a mill to be ground.

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MONSTRANS DI

Which is either a simple monition in personam or an attachment and monition in rem. Ben. Adm. 22S, 230. It is sometimes termed “monition fits et modis,” and has been supposed to be derived from the old Roman practice of summoning a defendant. Mauro v. Almeida, 10 Wheat. 400, 6 L. Ed. 309. The monition, in American admiralty practice, is, in effect, a summons, citation, or notice, though in form a command to the marshal to file and admonish the defendant to appear and answer, and not a summons addressed to the party. 2 Conk. Adm. (2d Ed.) 147.

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MONTES PIETATIS

Public pawnbrok- iug establishments; institutions established by government, in some European countries, for lending small sums of money on pledges of personal property. In France they are called “monts de pi<5t6."

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MORGANATIC MARRIAGE

See MARRIAGE.

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MORTIS CAUSA

Lat. By reason of death; iu contemplation of death. Thus used in the phrase “Donatio mortis causa,” (q. v.) Mortis momentum est ultimum vita momentum. The last moment of life is the moment of death. Terrill v. Public Adm’r, 4 Bradf. Sur. (N. Y.) 245, 250.

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MOVENT

One who moves; one who makes a motion before a court; the applicant for a rule or order.

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MULTO

In old records. A wether sheep. Multo ntilins est pauca idonea efnap dere quam multis inutilibus homines gravari. 4 Coke, 20. It is more useful to pour forth a few useful things than to oppress men with many useless things.

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MURDRUM

In old English law. The killing of a man in a secret manner.

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MUTUALITY

Reciprocation; interchange. An acting by each of two parties; an acting In return. In every agreement the parties must, as regards tlie principal or essential part of the transaction, intend the same thing; i. e

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