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

Category: M

MUTUAL AGENCY

Each partner’s right in a partnership to act as an agent in normal partnership business operations. Each has responsibility for their partners’ business related actions. Personal actions are excluded.

MERITORIOUS DEFENSE

One going to the merits, substance, or essentials of the case, as distinguished from dilatory or technical objections. Cooper v. Lumber Co.. 01 Ark. 36. 31 S. W. 981.

MATTER IN DISPUTE

The subject of litigation ; the matter for which a suit is brought and upon which issue isjoined, and in relation to which jurors are called and witnesses examined. Lee v.Watson, 1

MIXED ACTION

An action partaking of the twofold nature of real and personal actions, having for its object the demand and restitution of real property and also personal damages for a wrong sustained. 3

MANAGING AGENT

A person who is invested with general power, involving the exercise of judgment and discretion, as distinguished from an ordinary agent or employe, who acts in an inferior capacity. and under the

MALICIOUS ARREST

An arrest made willfully and without probable cause, but in the course of a regular proceeding.

MUTUAL ASSENT

The meeting of the minds of both or ail the parties to a contract; the fact that each agrees to all the terms and conditions, in the same sense and with the

MIXED BLOOD

A person is “of mixed blood” who is descended from ancestors of different races or nationalities; but particularly, in the United States, the term denotes a person one of whose parents (or

MEMORANDUM CHECK

A check given by a borrower to a lender, for the amount of a short loan, with the understanding that it is not to be presented at the bank, but will be

MESNE CONVEYANCE

An intermediate conveyance; one occupying an intermediate position in a chain of title between the first grantee and the present holder.

MACHOLDM

In old English law. A barn or granary open at the top; a rick or stack of corn. Spelman.

MAGNA AVERIA

In old pleading. Great beasts, as horses, oxen, etc. Cro. Jae. 5S0.

MAINTAIN

To maintain an action or suit is to commence or institute it; the term imports the existence of a cause of action. Boutiller v. The Milwaukee, 8 Minn. 105, (Gil. 80, 81.)

MAJUS JUS

In old practice. Greater right or more right A plea in the old real actions. 1 Reeve, Eng. Law, 476. Alajus jus merum, more mere right Bract, fol. 31.

MALEFICIUM

In the civil law. Waste; damage; tort; injury. Dig. 5, 18, 1.

MALTREATMENT

In reference to the treatment of his patient by a surgeon, this term signifies improper or unskillful treatment ; it may result either from ignorance, neglect, or willfulness; but the word does

MANCIPI RES

Lat In Roman law. Certain classes of things which could not be aliened or transferred except by means of a certain formal ceremony of conveyance called “maneipatio,” (q. v.) These included laud,

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