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RESPONDEAT OUSTER Definition & Legal Meaning

Definition & Citations:

Upon an issue iu law arising upon a dilatory plea, the form of judgment for the plaintiff is that the defendant answer over, which is thence called a judgment of “respondeat ouster.” This not being a final judgment, the pleading is resumed, and the action proceeds. Steph. PI. 115; 3 Bl. Comm. 303; Bauer ?. Roth, 4 Rawle (Pa.) 91. Respondeat raptor, qui ignorare non potuit quod pupilium alienum ahduxit. llob. 99. Let the ravisher answer, for he cannot be ignorant that he has taken away another’s ward. Respondeat superior. Let the master answer. This ma.vini means that a master is liable in certain cases for the wrongful acts of his servant and a principal for those of his agent. Broom, Max. 843. See Southern Ry. Co. v. Morrison, 105 Ga. 543, 31 S. E. 504; liaehl v. Wabash it Co., 119 Mo. 325, 24 S. W. 737; State v. Gillespie, 02 Kan. 409, 03 Pac. 742, 84 Am. St. Rep. 411.


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