Legal Articles

MINUS

Lat. In the civil law. Less; less than. The word had also, in some con- nections, the sense of “not at all.” For example. a debt remaining wholly unpaid was described as “minus solutum.” Minus solvit, qui tardius solvit. He does not pay who pays too late. Dig. 50, 16, 12, 1.

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MISCONDUCT

Any unlawful conduct on the part of a person concerned in the ad- ministration of justice which is prejudicial to the rights of parties or to the right deter- mination of the cause; as “misconduct of jurors,” “misconduct of an arbitrator.” The term is also used to express a dereliction from duty, injurious to another, on the part of one employed in a professional capacity, as an attorney at law, (Stage v. Stevens, 1 Denio [N. Y.] 267,) or a public officer, (State v. Leach, 60 Me. 58, 11 Am. Rep. 172.)

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MISKENNING

In Saxon and old English law. An unjust or irregular summoning to court; to speak unsteadily in court; to vary in one’s plea. Cowell; Blount; Spelman.

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MISTAKE

Some unintentional act, omission, or error arising from ignorance, sur- prise, imposition, or misplaced confidence. Code Ga.

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MOBBING AND RIOTING

In Scotch law. A general term including all those convocations of the lieges for violent and unlawful purposes, which are attended with injury to the persons or property of the lieges, or terror and alarm to the neighborhood in which it takes place. The two phrases are usually placed together; but, nevertheless, they have distinct meanings, and are sometimes used separately in legal language, the word “mobbing” being peculiarly applicable to the unlawful assemblage and violence of a number of persons, and that of “rioting” to the outrageous behavior of a single indi- vidual. Alis. Crim. Law, c. 23, p. 509.

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MOHATRA

In French law. A transaction covering a fraudulent device to evade the laws against usury. It takes place where an individual buys merchandise from another on a credit at a high price, to sell it immediately to the first seller, or to a third person who acts as his agent, at a much less price for cash. 16 Toullier, no. 44.

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MONEY

A general, indefinite term for the measure and representative of value; currency; the circulating medium ; cash. “Money” is a generic term, and embraces every description of coin or bank-notes recognized by common consent as a representative of value in effecting exchanges of property or payment of debts. Hopson v. Fountain. 5 Humph. (Tenn.) 140. Money is used in a specific and also in a general and more comprehensive sense. In its specific sense, it means what is coined or stamped by public authority, and has its determinate value fixed by governments. In its more comprehensive and general sense, it means wealth.

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MONSTRANS DE DROIT

L. Fr. In English law. A showing or manifestation of right; one of the common law methods of obtaining possession or restitution from the crown, of either real or personal property. It is the proper proceeding when the right of the party, as well as the right of the crown, appears upon record, and consists in putting in a claim of right grounded on facts already acknowledged and established, and praying the judgment of the court whether upon these facts the king or the subject has the right. 3 Bl. Comm. 256 ; 4 Coke, 546.

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MORATUR IN LEGE

Lat He delays In law. The phrase describes the action of one who demurs, because the party does not proceed in pleading, but rests or abides upon the judgment of the court on a certain point, as to the legal sufficiency of his opponent’s pleading. The court deliberate aud determine thereupon.

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MORTH

Sax. Murder, answering exactly to the French “assassinat” or “mucrtre de guet-apens.”

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MOVABLE

That w hich can be changed in place, as movable property; or in time, as movable feasts or terms of court. See Wood v. George. 0 Dana (Ky.) 343; Strong v. White, 19 Conn. 245; Goddard v. Winchell, 86 Iowa, 71, 52 N. W. 1124, 17 L. R. A. 7SS, 41 Am. St Rep. 481.

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MULTIPARTITE

Divided into many or several parts.

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MUNITIONS OF WAR

In international law and United States statutes, this term Includes not only ordnance, ammunition, and other material directly useful In the conduct of a war, but also whatever may contribute to its successful maintenance, Id UN US 799 MUSEUM such as military stores of all kinds and articles of food. See U. S. v. Sheldon, 2 Wheat 119, 4 L. Ed. 199.

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MUTILATION

As applied to written documents, such as wills, court records, and the like, this term means rendering the. document imperfect by the subtraction from it of some essential part, as, by cutting, tear ing, burning, or erasure, but without totally destroying it. See Woodfill v. Patton, 76 Ind. 583, 40 Am. Rep. 269. In criminal law. The depriving a man of the use of any of those limbs which may be useful to him in fight, the loss of which amounts to mayhem. 1 Bl. Comm. 130.

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