QUARE INCUMBRAVIT
In English law. A writ which lay against a bishop who, within six months after the vacation of a benefice, conferred it on his clerk, while two others were contending at law
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In English law. A writ which lay against a bishop who, within six months after the vacation of a benefice, conferred it on his clerk, while two others were contending at law
ology to indicate that one subject resembles another, with which it Is compared, in cer- tain characteristics, but that there are also intrinsic differences between them. It is exclusively a term of
means to that end. Commonwealth v. Andrews, 3 Mass. 129. Qui destruit medium destruit flnem. He wlio destroys the mean destroys the end. 10 Coke, 516; Co. Litt 161a; Shep. Touch. 342.
adj. Unmolested ; tranquil; free from interference or disturbance.
Lat. In old English practice. A writ which lay for one that had land in which another claimed common, to compel the latter to show by what title he claimed it. Cowell;
That he permit to abate. In old practice. A writ, in the nature of a writ of right, which lay to abate a nuisance. 3 Bl. Comm. 221. And see Conhocton Stone
Lat. In whatever manner. Quum de lucro duorum quseratur, melior est causa possidentis. When the question is as to the gain of two persons, the title of the party in possession is
An abbreviation of “quare clau- surn -fregit,” (q. v.)
Lat. In Roman law. Informers who, if their information were followed by conviction, had the fourth part of the confiscated goods for their trouble.
In respect to persons, this term denotes comparative rank; state or condition in relation to others; social or civil position or class. In pleading, it means an attribute or characteristic by which
In English law. A writ to recover damages against a bishop who does not admit a plaintiff’s clerk. It is, however, rarely or never necessary; for It is said that a bishop,
Lat It runs upon four feet; it runs upon all fours. See ALI>FOUBS.
Qui non propulsat injuriam quando potest, infert. Jenk. Cent. 271. He who does not repel an Injury when he can, induces it. Qui obstruit aditum, destruit com- modum. lie who obstructs a
Lat. To quit, acquit, discharge, or save harmless. A formal word iu old deeds of donation and other conveyances. Cowell.
Lat. A writ upon which all proceedings in the court of exchequer were formerly grounded. In it the plaintiff suggests that he is the king’s debtor, and that the defendant has done
A writ which lay for spiritual persons, distrained in their spiritual possessions, for payment of a fifteenth with the rest of the parish. Fitzh. Nat Brev. 175. Obsolete. Quod populus postremum jussit,
In Eng- lish law. Scandal or slander of great men or nobles. Words spoken in derogation of a peer, a judge, or other great officer of the realm, for which an action
An abbreviation of “quare exe- eutionem non,” wherefore execution [should] not [be issued.]
Lat. In the civil law. A pleading on the part of a defendant corresponding to the rebutter at common law. The third pleading on the part of the defendant. Inst. 4, 14,
As long as he shall behave himself well; during good behavior; a clause frequent in letters patent or grants of certain offices, to secure them so long as the persons to whom
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