Legal Articles

QUO MINUS

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 him the injury or damage complained of, quo minus suffieiens existit, by which he is less able to pay the king’s debt. This was originally requisite in order to give jurisdiction to the court of exchequer ; but now this suggestion is a mere form. 3 Bl. Comm. 46. Also, a writ which lay for him who had a grant of house-bote and ha.v-bote In another’s woods, against the grantor making such waste as that the grantee could not enjoy his grant. Old Nat. Brev. 148. Quo modo quid constituitur eodem modo dissolvitur. Jenk. Cent. 74. In the same manner by which anything Is constituted by that it is dissolved.

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QUOD PERSONA NEC PREBEN- DARII, etc

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, id jus , ratum esto. What the people have last enacted, let that be the established law. A law of the Twelve Tables, the principle of which is still recognized. 1 Bl. Comm. 89. Quod primum est intentione ultimum est in operatione. That which is first in intention is last in operation. Bac. Max. Quod principi placuit legis babet vigo- rem. That which has pleased the prince has the force of law. The emperor’s pleasure has the force of law. Dig. 1, 4, 1; Inst 1, 2, 6. A celebrated maxim of imperial law. Quod prius est verius est; et quod priua est tempore potius est jure. Co. Litt. 347. What is first is true; and what is first in time is better in law. Quod pro minore licitum est et pro majore licitum est. 8 Coke, 43. That which is lawful as to the minor is lawful as to the major.

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Q SCANDALUM MAGNATUM

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 lies, though it is Pnow rarely resorted to. 3 Bl. Comm. 123; 3 Steph. Comm. 473. This offense has not existed in America since the formation of the United States. State v. Shepherd, 177 Mo. 205, 76 S. W. 79, 99 Am. St. Rep. 624.

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Q B D

An abbreviation of “Queen’s Bench Division.”

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QUADRIENNIUM

Lat. In the civil law. The four-years course of study required to be pursued by law-students before they were qualified to study the Code or collection of imperial constitutions. See Inst proem.

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QU^ESTIONES PERPETUA,

in Roman law. were commissions (or courts) of in- quisition into crimes alleged to have been committed. They were called “perpetua:,” to distinguish them from occasional inquisitions, and because they were permanent courts for the trial of offenders. Brown.

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QUANTUM VALEBANT

As much as they were worth. In pleading. The common count in an action of assumpsit for goods sold and delivered, founded on an implied assumpsit or promise, on the part of the defendant, to pay the plaintiff as much as the goods were reasonably worth. 3 Bl. Comm. 161; 1 Tidd, Pr. 2.

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QUARTER

The fourth part of anything, especially of a year. Also a length of four inches. In England, a measure of corn, generally reckoned at eight bushels, though subject to local variations. See Hospital St. Cross v. Lord Howard De Walden, 0 Term, 343. In American land law, a quarter section of land. See infra. And see McCartney v. Dennison, 101 Cal. 252, 35 Pac. 706.

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QUERELA

Lat. An action preferred in any court of justice. The plaintiff was called “querens,” or complainant and his brief, complaint, or declaration was called “querela.” Jacob.

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QUIA ERRONICE EMANAVIT

Because it issued erroneously, or through mistake. A term in old English practice. Yel. 83.

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QUIETUS REDDITUS

In old English law. Quitreut. Spelmau. See QUITRENT. Quilibet potest renunciare juri pro se introducto. Every oue may renounce or re- linquish a right introduced for his own benefit. 2 Inst. 183; Wing. Max. p. 483, max. 123; 4 Bl. Comm. 317.

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QUO WARRANTO

In old English practice. A writ, in the nature of a writ of right for the king, against him who claimed or usurped any office, franchise, or liberty; to inquire by what authority he supported his claim, in order to determine the right It lay also in case of non-user, or long neglect of a franchise, or misuser or abuse of it; being a writ commanding the defendant to show by what warrant he exercises such a franchise, having never had any grant of it or having forfeited it by neglect or abuse. 3 Bl. Comm. 262. In England, aud quite generally throughout the United States, this writ has given place to an “Information in the nature of a quo warranto,” which, though in form a criminal proceeding, is in effect a civil remedy similar to the old writ, and is the method now usually employed for trying the title to a coriiorate or other franchise, or to a public or corporate office. See Ames v. Kansas, 111 U. S. 440, 4 Sup. Ct. 437. 2S L. Ed. 482; People v. Londoner, 13 Colo. 303, 22 Pac. 764. 6 L. R. A. 444; State v. Owens, 63 Tex. 270; State v. Gleason, 12 Fla. 190; State v. Kearn, 17 R. I. 391, 22 Atl. 1018.

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QUOD PROSTRAVIT

That he do abate. The name of a judgment upou au indictment for a nuisance, that the defendant abate such nuisance. Quod pure debetur preesenti die debe- tur. That which is due unconditionally is due now. Tray. Leg. Max. 519. Qnod qnis ex culpa sua damnum sen- tit non intelligitur damnum sentire. The damage which one experiences from his own fault is not considered as his damage. Dig. 50, 17, 203. Quod quis sciens indebitum debit bac mente, ut postea repeteret, repetere non potest. That which one has given, knowing it not to be due, with the intention of re- demanding it, he cannot recover back. Dig 12, 0, 50. Quod quisquis norit in hoc sc exerceat. Let every one employ himself in what he knows. 11 Coke. 10.

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Q SCAPEELARE

In old European law. To chop; to chip or haggle. Spelman.

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QUUM ET BONUM EST LEX LEGUM

What is equitable and good is the law of laws. Hob. 224.

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QUASI AFFINITY

In the civil law. The affinity which exists between two persons, one of whom has been betrothed to a kinsman of the other, but who have never been married.

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QNASI CONTRACTS

In the civil law. A contractual relation arising out of transactions between the parties which give them mutual rights and obligations, but do not involve a specific and express convention or agreement between them. Keener, Quasi Contr. 1; Brack- ett v. Norton, 4 Conn. 524. 10 Am. Dec. 179; People v. Speir, 77 N. Y. 150; Willard v. Doran, 48 Hun. 402. 1 N. Y. Supp. 588; Mc- Sorley v. Faulkner (Com. PI.) 18 N. Y. Supp. 400; Railway Co. v. Gaffney, 65 Ohio St. 104, 61 N. El 153. Quasi contracts are the lawful and purely voluntary acts of a man, from which there results any obligation whatever to a third person, and sometimes a reciprocal obligation between the parties. Civ. Code La. art. 2293. Persons who have not contracted with each other are often regarded by the Roman law. under a certain state of facts, as if they had actually concluded a convention between themselves. The legal relation which then takes place between these persons, which has always a similarity to a contract obligation, is therefore termed “oblirjalio quasi ex contractu.” Such a relation arises from the conducting of affairs without authority, (ncgotiorum gestio,) from the payment of what was not due. (solutio indebiti.) from tutorship and curatorship. and from taking possession of an inheritance. Mackeld. Rom. Law, 5 491

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QUASI CORPORATIONS

Organizations resembling corporations; municipal societies or similar bodies which, though not true corporations in all respects, are yet recognized, by statutes or immemorial usage, as persons or aggregate corporations, with precise duties which may be enforced, and privileges which may be maintained, by suits at law. They may be considered quasi corporations, with limited powers, co-extensive with the duties imposed upon them by statute or usage, but restrained from a general use of the authority which belongs to those metaphysical persons by the common law. Scates v. King, 110 111. 456; Adams v. Wise-asset Bank, 1 Me. 361, 1 Am. Dec. 88; Lawrence County v. Railroad Co., 81 Ky. 227; Barnes v. District of Columbia, 91 U. S. 552, 23 L. Ed. 440. This term is lacking in definiteness and precision. It appears to be applied indiscriminately (a) to all kinds of municipal corporations, the word “quasi” being introduced because it is said that these are not voluntary organizations like private corporations, but created by the legislature for its own purposes and without reference to the wishes of the people of the territory affected ; (b) to all municipal corporations except cities and incorporated towns, the latter being considered the only true municipal corporations because they exist and act under charters or statutes of incorporation while counties, school districts, and the like are merely created or set off under general laws; (c) to municipal corporations possessing only a. low order of corporate existence or the most limited range of corporate powers, such as hundreds in England, and counties, villages, and school districts in America.

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QUASI PUBLIC CORPORATION

This term is sometimes applied to corporations which are not strictly public, in the sense of being organized for governmental purposes, but whose operations contribute to the comfort, convenience, or welfare of the general public, such as telegraph and telephone companies, gas, water, and electric light companies, and irrigation companies. More commonly and more correctly styled “publicservice corporations.” See Wiemer v. Louisville Water Co. (C. C.) 130 Fed. 251; Cumberland Tel. Co. v. Evansville (C. C.) 127 Fed. 1S7; McKiin v. Odom, 3 Bland (Md.) 419; Campbell v. Watson, 62 N. J. Eq. 396, 50 Atl. 120.

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QUATER COUSIN

Properly, a cousin in the fourth degree ; but the term has come to express auy remote degree of relationship, and even to bear an ironical signification, in which it denotes a very trifling degree of intimacy and regard. Often corrupted into “cater” cousin

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