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POTESTAS Definition & Legal Meaning

Definition & Citations:

Lat In the civil law. Power; authority; domination ; empire. Im- pcrium, or the jurisdiction of magistrates. The power of the father over his children, patria potest as. The authority of masters over their slaves. See Inst. 1, 9, 12; Dig. 2, 1, 13, 1; Id., 14, 1; Id. 14, 4, 1, 4. Potestas stricte interpretatur. A power is strictly interpreted. Jenk. Cent. p. 17, case 29, in marg. Potestas luprema scipsum dissolvere potest, ligare non potest. Supreme power can dissolve [unloose] but cannot bind itself. Branch, Princ.; Bacon. Potior est conditio defendentis. Better is the condition of the defendant, [than that of the plaintiff.] Broom, Max. 740; Cowp. 343; Williams v. Ingell, 21 Pick. (Mass.) 2S9; White v. Franklin Bank, 22 Pick. (Mass.) 180, 1S7; Cranson v. Goss, 107 Mass. 440, 9 Am. Rep. 45.


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