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OMNIUM

In mercantile law. A term used to express the aggregate value of the different stock in which a loan is usually funded. Tomlins. Omnium contributione sarciatur qnod pro omnibus datum est. 4 Bing. 121. That which is given for all is recompensed by OMNIUM RERUM 853 ONEROUS the contribution of all. A principle of the law of general average. Omnium reruin quarum usus est, potest esse abusus, virtute solo excepta. There may be an abuse of everything of which there is a use, virtue only excepted. Dav. Ir. K. B. 79.

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ONERARI NON

In pleading. The name of a plea, fn an action of debt, by which the defendant says that he ought not to be charged.

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OPERATIVE

A workman; a laboring man; an artisan ; particularly one employed in factories. Cocking v. Ward (Tenu. Ch. App.) 48 S. W. 287; In re City Trust Co., 121 Fed. 700, 58 C. C. A. 120; Rhodes v. Matthews, 67 Ind. 131.

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OPTIONAL WRIT

In old England practice. That species of original writ, otherwise called a “praecipe,” which was framed in the alternative, commauding the defend OPUS 857 ORDER ant to do the thing required, or show the reason wherefore he had not done it. 3 Bl. Comm. 274.

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ORDENAMIENTO

In Spanish law. An order emanating from the sovereign, and differing from a cedula only in form and in the mode of its promulgation. Schm. Civil Law, Introd. 03, note

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ORFGILD

In Saxon law. The price or value of a beast. A payment for a beast The payment or forfeiture of a beast. A penalty for taking away cattle. Spelman.

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OSTENSIBLE AGENCY

An Implied or presumptive agency, which exists where one, either intentionally or from want of ordinary care, induces another to believe that a third person is his agent, though he never in fact employed him. Bibb v. Bancroft (Cal.) 22 Pac. 484; First Nat. Bank v. Elevator Co., 11 N. D. 280, 91 N. W. 437.

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OUSTER

In practice. A putting out; dispossession; amotion of possession. A species of injuries to things real, by which the wrong-doer gains actual occupation of the ‘land, and compels the rightful owner to seek his legal remedy in order to gain possession. 2 Crabb, Real Prop. p. 1003,

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OUTLAWRY

In English law. A process by which a defendant or person in contempt on a civil or criminal process was declared an outlaw. If for treason or felony, it amounted to conviction and attainder. Stim. Law Gloss. See Respublica v. Doan, 1 Dall. (Pa.) 86, 1 L. Ed. 47; Dale County v. Gunter, 46 Ala. 138; Drew v. Drew, 37 Me. 391.

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OVERCYTED, or OVERCYHSED

Proved guilty or convicted. Blount

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OWLERS

In English law. Persons who carried wool, etc., to the sea-side by uight, in order that it might be shipped off contrary to law. Jacob.

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