|
Abatement, Plea of
|
A pleading to defeat an action
because of a defect in the writ or declaration. |
| Account |
A matter of some type of debt and credit
between parties, arising out of a contract, or a fiduciary relationship,
or other legal duty. |
| Accounting |
|
| Ad Lectam |
|
| Administrator |
A person appointed by the court to manage
the property of a deceased person who has died without a will. Administratrix
is the feminine form |
| Adminstrator de bonis non |
|
|
Ads., Adsm.
|
Abbreviation for "ad
sectam," "at the suit of." Used in a pleading filed
by the defendant, who would place his or her own name first. For example
if a case was named Smith v. Jones and Jones filed a pleading, its
heading could be Jones ads. Smith. |
| Affiant |
One who makes an affidavit; also termed
a deponent. |
| Affidavit |
A voluntary, sworn statement by a party
or witness in a lawsuit. |
| Agent |
A person employed by another (a principal)
to act for him or her. |
| Alias execution |
|
| Alias writ |
Literally, "another writ."
An alias writ is one issued later, after the original writ was not
been executed for whatever reason. |
| Alimony |
A court ordered allowance that one spouse
pays to the other for maintenance and support while they are separated,
while they are divorcing, or after they are divorced. |
| "Allegata et probata" |
|
| Amended Declaration |
|
| Annulment |
A judicial declaration that a marriage
is void. Unlike a divorce, an annulment establishes that marital status
never existed in law. |
| Answer |
A response to a complaint; the modern-day
equivalent of a plea. |
| Appeal |
To remove a case to a higher court for
review. |
| Appeal Bond |
A bond filed by the party appealing the
case. |
| Appearance |
The act by which the defendant places
itself before the court. An appearance could be general or special.
A general appearance |
| Appellant |
The party who lost at the trial court
level and who is asking a higher court for review - a synonym is "plaintiff
in error." |
| Appellee |
The party who won at the trial court
level and who is defending that result on appeal - a synonym is "defendant
in error." |
| Appurtenance |
A right connected with the
enjoyment or use of another thing; commonly used in deeds to refer
to, for example, access to another tract of property. |
| Arkansas Gazette |
|
| Arpent |
A measure of land in French and Spanish
land grants; about 4/5 of an acre. |
| Arrest of Judgment |
The staying of a judgment after entry
or the court's refusal to render or enforce a judgment because of
a defect apparent from the record. |
| Assault and Battery |
An unlawful, unjustified touching of
another. In these cases it appears as both a tort and a crime. |
| Assignee |
A person to whom property is transferred,
or, more specifically, a person to whom a bankrupt or debtor transfers
his estate for payment to creditors. |
| Assignment |
The transfer, usually of property. |
| Assignment of Errors |
A specification of the trial court's
alleged errors on which an appellant relies in seeking an appellate
court's reversal, vacation, or modification of an adverse judgment. |
| Assignor |
One who transfers property to another. |
| Assigns |
In the phrase “heirs and assigns,”
persons to whom a buyer or beneficiary of property might convey it.
In a land transaction, a deed “to A, his heirs and assigns,”
meant that a fee simple absolute was conveyed. |
| Assumpsit |
An action of trespass on
the case for breach of a contract, where damages are an unascertained
sum. |
| Attachment |
The seizing of a person or property by
the sheriff and subjecting it to the custody of the court to be held
as security for the satisfaction of the plaintiff's claim. In the
nineteenth century, the purpose of attachment was usually to coerce
a defendant debtor to appear in court. If the defendant appeared and
made bond, the attached property would be released. A writ of attachment
was the document issued by the court commanding the sheriff to carry
it out. A domestic attachment issued against a debtor who lived in
the jurisdiction. A foreign attachment issued against a non-resident
debtor - his goods within the jurisdiction could be seized. |
| Attest |
|
| Attorney in Fact |
Someone authorized to act for another
under a power of attorney. In early territorial Arkansas, many parties
hired attorneys in fact who were not trained in the law to represent
them in court. |
| Bail |
1) The promise in writing to the court
that the defendant will either appear in court or that the signers
of the bond will pay the amount specified in the court's order fixing
bail. 2) A person who obtains the release of a person under arrest
by promising to guarantee his appearance in court. |
| Bailing |
|
| Bailment, Bailee, Bailor |
|
| Bailiwick |
The jurisdiction or district of a bailiff.
In these cases, the term is used with regard to sheriffs and constables
as well. |
| Barshear Plow |
A plow, probably iron, used with yoked
oxen. |
| Battery |
See Assault and Battery. |
| Bench Trial |
A trial without a jury, in
which the judge decides both issues of fact and of law. |
| Benefit of Clergy |
Exemption from capital punishment, earned
by correctly reading a psalm from the Bible. |
| Bill |
The initial pleading in an equity case,
similar to a declaration in a law case or a modern complaint. |
| Bill of Assurances |
The list, still so called
in Arkansas today, of restrictions (restrictive covenants) to which
property is subject. |
| Bill of Exceptions |
A statement of the objections made by
a party during a trial, stating the objections and surrounding facts
and circumstances. The trial judge would then sign the bill of exceptions
and they would be entered in the record for the appellate court to
review. |
| Bill of Indictment |
See Indictment. |
| Bond |
A written promise to pay money or do
some act if certain circumstances occur or a certain time elapses. |
| Bull Plow Share |
|
| Burden of Proof |
|
| Breach of Contract |
The failure to observe the conditions
of a contract. |
| Brief on Appeal |
A written statement setting out the legal
contentions of a party in litigation consisting of legal and factual
arguments and supporting authorities, all based on the lower trial
court record. |
| Burden of Proof |
|
| Capias |
Latin for "may you take," a
general name for a category of writs all requiring the sheriff to
take the body of the defendant into custody. |
| Capias ad Respondendum |
A writ notifying a defendant of a suit
and requiring a sheriff to arrest it, until the defendant can furnish
security for the plaintiff's claim |
| Capias ad Satisfaciendum |
A post-judgment writ requiring the sheriff
to take and hold the defendant until he can appear in court and satisfy
the plaintiff's debt and/or damages. In territorial Arkansas, debtors
could be imprisoned indefinitely, until they paid off their debts.
|
| Casual Ejector |
|
| Cepi Corpus |
The sheriff's response in the return
that he seized the body of the defendant pursuant to a writ of capias.
Literally, "I seized the body." |
| Certification |
|
|
Certiorari
|
A writ by which the record
of a proceeding in a lower court is removed into a higher court for
review. |
| Chancery |
A court of equity. Historically, solicitors
(not attorneys) argued in chancery court before a chancellor (not
a judge). Chancery courts do not have juries. |
| Chattel |
Moveable property, especially
personal property. The most common chattels during this period were
cattle and horses. Slaves were also considered to be chattels for
some purposes. |
| Chose in Action |
|
| Circular |
|
| Code Duello |
|
| Collusion |
An agreement to defraud another or obtain
something forbidden by law. In the nineteenth century, it was common
for spouses to collude in order to obtain a divorce. |
| Common Pleas |
A type of court in early Arkansas which
handled civil matters and/or did not travel a circuit. |
| Complaint |
The modern equivalent of
a bill or declaration; the first document filed by a plaintiff in
a civil action. |
| Consideration |
The reason or benefit which motivates
parties to enter into a contract. |
| Contempt |
|
| Continuance |
The postponement of proceedings to another
term of court. In the territorial superior court, this meant a delay
of at least several months. |
| Contract |
During the nineteenth century, a category
of actions encompassing debt, covenant, account, special assumpsit,
and general or indebitatus assumpsit. |
| Coroner |
|
| Covenant Broken |
An action under common law
to recover damages for the breach of a contract under seal. |
| Conversion |
An action for damages for the taking
of property, still used today. |
| Corporal Oath |
An oath taken by kissing or laying a
hand on the Gospels. |
| Count |
A separate and independent statement
of facts which constitute a cause of action, or legal theory under
which a suit is brought. |
| Court |
A tribunal constituted and present at
the time and place fixed by law for judicial investigation and determination
of controversies. |
| Court not of Record |
A court whose records are regarded at
most as prima facie evidence–and not as conclusive evidence. |
| Court of Record |
A court in which proceedings are recorded
and records may be offered as conclusive evidence of facts stated. |
| Coverture |
The legal condition of a
woman during marriage. Prior to the Married Women's Property Acts,
in general married women could not own property in their own names.
|
| Covin |
|
| Cow-Hiding |
|
| Cross Bill |
A bill brought in equity by the respondent
against the petitioner. |
| Curator |
A guardian. |
| Damages |
Compensation in money, recovered in court
by a plaintiff who has suffered loss or injury to its person, property
or rights. |
| Debt |
The name of a type of action
to recover a "sum certain" of money. During this period
in time debtors could be jailed as a sentence. |
| Decedent |
A deceased person. |
| Declaration |
Similar to a complaint today, it was
the statement of the plaintiff's cause of action, filed with the court
to begin a lawsuit. |
| Dedimus |
A writ allowing testimony to be taken,
usually by deposition. Also known as a writ of dedimus potestatem
(meaning "we have given power"). A court order formerly
used to commission a person to take action such as acknowledging a
fine and appointing an attorney for representation in a court. |
| Deed of Bargain and Contract |
Probably intended to mean
a "deed of bargain and sale," a deed that promises that
the seller of land is the owner but does not promise that there are
no "encumbrances" against the property, such as a mortgage. |
| Deed with General Warranty |
A deed that guarantees in
general that the seller of land is the owner, that there are no encumbrances
against the property, and that the seller will defend the buyer against
all lawful claims to the property. |
| Defalcation |
Reduction of a claim by a counterclaim. |
| Default |
The failure to appear (as in court) or
to perform (as on a bond). |
| Defendant |
In a civil case, the party denying the
allegations of the plaintiff; in a criminal case, the person accused. |
| Demise |
|
| Demurrer |
A pleading stating that although the
facts alleged in a complaint may be true, they do not state a legal
cause of action, and thus do not require an answer from the defendant.
Today, such a pleading is termed a motion to dismiss. |
| Deponent |
One who testifies by deposition. |
| Deposition |
A witness's out of court
testimony that is reduced to writing for later use in court. |
| Deposition De Bene Esse |
A deposition that can only
be used upon proof that the witness is unable to attend trial, and
that must be taken in the presence of a judge. |
| Detinue |
One of the common law forms
of action, detinue was used to recover chattels from one who has acquired
possession of them. Whereas conversion actions are instituted when
the plaintiff seeks to recover damages, detinue actions are instituted
to obtain recovery of the property itself. It was commonly used to
recover slaves. |
| Diminution of Record |
|
| Dirking |
|
| Discontinuance |
The ceasing of proceedings in an action where the
plaintiff voluntarily ends them; similar to a dismissal today.
|
| Divorce a Mensa et Thoro |
Latin for "divorce from table and
bed." A lesser type of divorce by which the parties are separated
and forbidden to live together but remain married. The forerunner
of modern judicial separation. |
| Divorce a Vinculo Matrimonii |
Latin for "divorce from the chains
of marriage." A total divorce of husband and wife, dissolving
the marriage and releasing the parties wholly from their matrimonial
obligations. This type of common divorce, which bastardized any children
from the marriage, was granted on grounds that existed before the
marriage. |
| Docket |
A book containing abstracts of various
aspects of court cases. |
| Domestic Attachment |
See Attachment. |
| Dower |
The portion of a deceased husband's estate
to which the wife was entitled, by law. At this time it consisted
of a life estate in 1/3 of the real property and slaves that the husband
had owned while alive. Property transferred by the husband before
death might also be subject to dower if the wife did not give her
permission to the transfer. |
| Draft |
|
| "Due Diligence" |
|
| Eagle |
|
| Ear-Cropping |
|
| Ejectment |
An action to recover land from the defendant's
wrongful possession. During this time, in some cases a legal fiction
was used involving a completely nonexistent plaintiff and defendant.
|
| Elisor |
The legal equivalent of a
sheriff. Territorial statutes authorized a court to appoint an elisor
to execute the duties of a sheriff where he was disqualified on account
of interests or prejudice. |
| Endorsement |
|
| Enrol |
|
| Equity |
Simplified, a branch of jurisprudence
separate and different from the common law. Historically, the chancellor,
or special chancery courts, heard cases in equity. In equity there
were no juries, and causes of action, methods of proof and remedies
differed from those of the common law. Today in virtually all states
equity has "merged" with the common law. However, at the
time of these cases, the judges would sit "in chancery."
"Solicitors," not attorneys, would file "bills,"
not declarations. |
| Equity of Redemption |
The right to pay off a mortgage
and regain full ownership of property, after one has defaulted but
before the foreclosure sale. |
| Error, Writ of |
A commission by which the
judges of a higher court are authorized to examine a record upon which
a judgment was given in a lower court and to affirm or reverse it. |
| Error Coram Nobis |
This is an unusual procedure
in which the defendants inform an appellate court of facts not on
the record despite their due diligence. It is modernly considered
an extraordinary remedy and is more often denied than approved. According
to the modern Arkansas Supreme Court, it is allowed only under compelling
circumstances to achieve justice and to address errors of the most
fundamental nature. There is a strong presumption in favor of the
validity of the prior decision and the prior ruling is upheld unless
a great injury or injustice would result. Due diligence requires that
the defendants be unaware of the fact at the time of trial; that he
could not have, even exercising due diligence, have presented the
fact at trial; or upon discovering the fact after the judgment against
him, did not delay in bringing the petition. According to the modern
Arkansas Supreme Court, coram nobis relief is only available to address
certain errors of the most fundamental nature falling within one of
four categories: (1) insanity at time of trial; (2) coercion of guilty
plea; (3) withholding of material evidence by prosecutor; or (4) a
confession by third party occurring between conviction and appeal.
(See Echols v. State, 125 S.W.3d 153 (Ark. 2003). |
| Escrow |
An instrument, usually a
deed but possibly a contract, delivered to a third person to hold
until a condition is performed by the proposed grantee. |
| Estate |
|
| Execution |
Carrying out some act to its completion.
A will is executed by its signing and attestation by the testator
and witnesses. A money judgment is executed by seizing and selling
the property of the debtor. |
| Execution de bonis propria |
A judgment allowing execution on an administrator's
individual property rather than the property of an estate, as when
the administrator mismanages the estate. |
| Executor |
The one named by a person writing a will
to administer the decedent's estate. The feminine form is executrix. |
| Exemplification |
An official transcript of a record, for
use as evidence. |
| Ex Parte |
A proceeding without an adverse
party. |
| Faro |
A game of chance; players
bet on the top card in the dealer's deck. |
| False Imprisonment
|
Confinement or detention
of a person without sufficient authority. A victim of false imprisonment
could sue for habeas corpus, or for damages, usually using the form
of action of trespass. |
| Fee Simple |
A type of land ownership.
A fee simple absolute is the most complete ownership of land possible
under the common law (and also today in the U.S.). |
| Felony |
A more serious crime, as contrasted with
a misdemeanor. |
| Femme Covert |
|
| Foreman |
The leader of a grand or petit jury,
who speaks for the jury. |
| Foreign Attachment |
See Attachment. |
| Forms of Action |
Obsolete today, but in the
19th century United States and earlier, the classes into which legal
actions were divided. Each one required different pleadings. At this
time in territorial Arkansas they were account, assumpsit, covenant,
debt, detinue, ejectment, replevin and trespass on the case. |
| Fraudulent Misrepresentation |
Falsely representing a statement as a
fact. |
| Full Faith and Credit Clause |
The clause of Article IV,
Section 1 of the U.S. Constitution that requires states to recognize
each others' laws, records and court rulings. |
| Garnish |
|
| Garnishee |
A person who is indebted to or or holds
property for a debtor. The creditor can garnish this property. |
| "Goods, Chattels, Lands and Tenements" |
|
| Government Draft |
|
| Grand Jury |
A jury of "inquiry" or "inquisition"
which listens to complaints and accusations and decides whether to
find bills of indictment in criminal cases. In territorial Arkansas,
the sheriff would summons twenty four men of stature and good reputation
to serve on a grand jury. Only sixteen needed to be present for the
jury to function, and no more than twenty three could be present. |
| Habeas Corpus, writ of |
A document employed to bring a person
before a court, most frequently to ensure that the person's imprisonment
or detention is not illegal. |
| Hames |
Parts of harness apparatus that are attached
to the collar and hold the traces. |
| Heir |
A person who inherits property from a
decedent by operation of statutes of intestacy, which specify how
an estate will be distributed when there is no will or it does not
apply. |
| Indictment, Bill of |
A document issued by a grand jury against
a person charging that person with committing a crime. For an indictment
to issue, the grand jury must find there is probable cause that a
crime has been committed and that the evidence is likely to show that
the person charged is the person who committed the crime. The grand
jury will find either a “true bill,” or “not a true
bill.” |
| Indorsee |
The person to whom a note or other negotiable
instrument is assigned by indorsement. |
| Information |
A complaint filed with a grand jury in
order to secure an indictment. |
| Injunction |
A writ, traditionally issued
by a court of chancery, to halt the commission or continuance of a
particular act. |
| Inquiry, Writ of |
A writ issued after a default judgment
in favor of the plaintiff, directing the sheriff and a jury to determine
the amount of the plaintiff's damages. |
| Insolvent |
The 19th century equivalent
of "bankrupt." For most of the 19th century no bankruptcy
laws existed. When a debtor became unable to pay creditors, they could
sue and the debtor could be adjudged insolvent. At this time debtors'
prison existed in the United States; states did not begin to abolish
it until the 1830s. |
| Interlocutory Decree |
An intermediate judgment that determines
a preliminary or subordinate point or plea, but does not finally decide
the case. |
| Interrogatory |
Traditionally, a set of written
questions, prepared by counsel, for the examination of a party to
a suit in equity. |
| Intestate |
Deceased, without a will. |
| John Doe |
|
| Joinder |
In pleadings of the nineteenth
century, the addition of something, such as an additional issue or
party. When used in the phrase “traverse and joinder” it
usually means a denial of something the opposing party has alleged
and the reaching of the central issue to be decided at trial. |
| Jointly and Severally |
Liability that may be apportioned either
among two or more parties or to only one or a few select members of
the group, at the adversary's discretion. Thus, each liable party
is individually responsible for the entire obligation, but a paying
party may have other rights from non-paying parties. |
| Judgment |
The final, official decision of a court
upon the rights and claims of the parties in a particular action or
suit. |
| Jurisdiction |
|
| Jury |
Usually, a group of persons selected
according to law and given the power to decide questions of fact and
return a verdict in the case submitted to them. This is the definition
of a petit jury. Another term used for petit jury was "traverse
jury." See also Grand Jury. |
| Justice of the Peace |
An official of a lower rank than a judge
having limited jurisdiction in civil matters. In early (and later)
Arkansas, most justices of the peace were not attorneys. |
| Larceny |
Theft. The taking and carrying
away of the goods of another. |
| Letters of Administration |
|
| Levy |
The act of the sheriff which
satisfies a writ of execution--seizing the property of a judgment
debtor. |
| "Levity collusion or restraint" |
|
| Lex Loci |
|
| Libel |
Defaming someone in writing.
At this time it could be either a crime or a tort. |
| Maker |
|
| Maintenance |
|
| Malicious Prosecution |
One of the forms of trespass
on the case. The plaintiff had to prove that the charge originally
brought against the plaintiff was brought by the defendant; that the
charge was false; and that the plaintiff was innocent. |
| Mandamus |
|
| Misdemeanor |
A crime lesser than a felony. |
| Motion for a New Trial |
A request to the court by the losing
party for a conviction or judgment to be set aside and a new trial
held. |
| Motion for Rule |
|
| Murder |
The unlawful killing of a human being
with malice aforethought. |
| Narratio |
|
| Negligence |
|
| Next Friend |
One who acts for the benefit of an incompetent
or minor plaintiff, but who is not a party to the lawsuit and is not
appointed as a guardian. During this period, married women and children
could require a next friend in order to sue in court. |
| Nil Dicit |
|
| Nolle Prosequi |
|
| Non Assumpsit |
The name for a general denial in an action
for assumpsit. |
| Non-detinet |
|
| Non est factum |
|
| Nonfeasance |
|
| Nonsuit |
A judgment against the plaintiff, given
when it is unable to prove its case or when it refuse or neglects
to proceed to trial |
| Notary Public |
|
| Note |
A writing containing a promise of the
signer (or maker) to pay a specific person, or order, or bearer, a
definite sum of money at a specific time. More business was done by
notes in territorial Arkansas than today, because paper money did
not exist and coin was scarce. Notes served as a substitute for paper
money. Banks issued their own notes, which were used as currency. |
| Nudum Pactum |
A simple agreement not enforceable as
a contract. |
| Nullem est erratum |
A plea to the assignment of errors in
a coram nobis proceeding; equivalent to demurrer, admitting the truth
of the error assigned but insisting that in law it is not error. |
| Nul Tiel Record |
A plea denying the existence or accuracy
of the alleged record upon which an action has been brought. |
| Oath |
A promise with an invocation to a supreme
being to witness and punish the oath maker if he breaks the promise.
|
| Opinion |
The court's written statement explaining
its decision in a given case. |
| Orator |
A plaintiff or petitioner in an action
in chancery. The feminine form is oratrix. |
| Oyer |
A reading. For example, the
defendant may "crave oyer" of a pleading; in other words,
petition to have it read in court. |
| Pardon |
The act or an instance of officially
nullifying punishment or other legal consequences of a crime. A pardon
is usually granted by a governor or the President. |
| Patent |
|
| Patroon |
|
| P.D. |
Abbreviation of pro defendente, "for
the defendant." |
| Penal Sum |
The monetary amount specified as a penalty
in a penal bond. A penal bond is a promise to pay a penal sum in the
event of nonperformance. |
| Perjury |
The crime of lying under oath. |
| Personal Representative |
|
| Petition |
A formal written request presented to
a court or other official body. |
| Petitioner |
A party who presents a petition to a
court or other official body, especially when seeking relief on appeal.
Can be a synonym for "appellant." |
| Petit Jury |
See Jury. |
| Pirogue |
A type of canoe, usually small and made
from one log. It is generally a small, flat-hulled boat that is associated
with West African fishermen and teh Cajuns or Louisiana. |
| Planks and Scantling |
A reference to a quantity of wood used
for construction purposes; generally consists of various sizes of
broad and narrow strips of wood. |
| Plea |
A general meaning is a suit, as in “court
of common pleas.” In this data base, however, usually it is the
defendant's answer to the plaintiff's declaration. Comparable to an
answer today. |
| Plurias Capias |
|
| Pot Trammel |
An adjustable hook for a fireplace, to
hold a pot. |
| Power of Attorney |
|
| P.Q. |
Abbreviation of pro quaerente, "for
the plaintiff." |
| Praecipe |
The plaintiff's request to the court
clerk to issue a summons or writ of replevin. |
| Preemption Right |
|
| Presentment |
An accusation initiated by the grand
jury itself, not from an information. |
| Principal |
(1) One who authorizes another to act
on his or her behalf as an agent; (2) in relation to a bond, the person
primarily liable. |
| Privity |
|
| Process |
The means by which the defendant is made
to appear and answer the plaintiff's declaration. At this time, there
were three means of process: summons, attachment or arrest. |
| Promissory Note |
See Note. |
| Pro persona |
|
| "Proper Person" |
|
| Protest |
|
| "Put on the Country" |
|
| Quaerens |
Plaintiff. |
| Quash |
|
| Receipt |
|
| Recognizance
|
An obligation recorded in
a court with a condition to do a particular act, such as to appear
in court in a criminal trial. A recognizance is a type of bond. |
| Record |
|
| Remand |
To send back a case from
a higher court to a lower, for resolution of a particular matter or
for a new trial. |
| Replevin |
A writ against the wrongful
detention of property, by which the plaintiff seeks the return of
the property. |
| Replication |
A response a plaintiff may
file after a defendant files an answer or plea, either denying the
defendant's response or alleging some new matter or justification
consistent with the plaintiff's original declaration or bill. |
| Retainer |
|
| Return |
A court officer's bringing back of an
instrument to the court that issued it. Usually found with a venire
writ, a subpoena, a writ of attachment, or a capias writ. |
| Revivor |
A revival of a suit which has been abated
by the death or marriage of any of the parties; done by a bill of
revivor. The resulting revival effects a reintstatement of the force
of an old judgment. |
| Richard Roe |
|
| Road, Memphis to Little Rock |
|
| Robbery |
The crime of taking personal property
from a person, against his will and by force or fear. |
| Ruling |
The outcome of a court's decision either
on some point of law or on the case as a whole. |
| Sct., SS., St. |
From “scire licet,” Latin for as one may
know. Synonymous with “to wit.” Appears at the heading
of court documents.
|
| Schedule |
An attached list or inventory. |
| Schedule of Assets |
|
| Scire Facias |
A judicial writ, in most
cases to execute or revive a judgment. |
| Scrip |
|
| Seal |
The impression, or any representation
of an impression, on a writing which attests to its genuineness. There
are two types of seals in these documents: the seal of the court,
found on documents issued by the court, such as records, transcripts,
subpoenas, etc.; and individual seals, which can be found next to
people's signatures. Some documents such as deeds were not legal unless
a seal accompanied the signature. |
| Second |
|
| Security |
(1) A writing which guarantees
the certainty of a specific thing such as payment or performance;
(2) a surety. |
| Service |
Delivering of writs, summones, subpoenas,
etc. |
| Setoff |
Where the defendant acknowledges
the plaintiff's demand but sets up a demand of his or her own. |
| Shovel Plow |
Really a cultivator, used
to loosen the soil and kill weeds. |
| Show Cause Order |
|
| Slander |
Speaking untrue words to
injure another's reputation or livelihood. |
| Solicitor |
In this database, an attorney who represents
a client in a court of equity, as opposed to a court of law. |
| Special Bail |
Bail amount necessary to keep a defendant
within a jurisdiction. |
| Specie |
|
| Statute |
A law passed by a legislative body. |
| Statute of Limitations |
A time after which a plaintiff cannot
sue. |
| Stay of Execution |
|
| Subpoena |
The same as a summons, only it carries
a legal penalty for failure to comply. |
| Subpoena Duces Tecum |
|
| Summons |
A writ directing a sheriff to summon
a defendant to appear in court. A court had no power to summon someone
not resident. For example, the Arkansas Superior Court could not legally
serve a summon on someone living in the Mississippi Territory commanding
them to appear as a defendant in Arkansas. |
| Supersedeas |
|
| Surety |
A person who promises to be answerable
for the debt, default or miscarriage of another, the "principal." |
| Swingle Tree |
Apparatus connecting harness traces to
a cart, plough or other implement. |
| Syndic |
A business agent. |
| Tenant |
|
| Tenants in Common |
|
| Tenor & Effect |
|
| Teste |
To act as a witness. |
| Title |
|
| Tort |
A private wrong. At this time torts included
trespass, trespass on the case, trover, ejectment, detinue and replevin. |
| Traverse |
In nineteenth century pleading,
a denial of some fact alleged by the opposing party. |
| Traverse Jury |
See Jury. |
| Trespass |
One of the tort actions. To recover for
trespass a plaintiff must prove an immediate injury to its person,
property or rights, committed with force. Trespass includes the forms
of assault and battery, trespass de bonis asportatis, and trespass
quare clausum fregit. Trespass vi et armis means "by force and
arms" and at this time was synonymous with general trespass. |
| Trespass on the Case |
One of the tort actions.
To recover for trespass on the case, a plaintiff had to prove a tort
not committed by force, or a tort where the injury was consequential
and not immediate, or the injured property or right was intangible,
or the plaintiff did not have a possessory interest in the injured
property. Trespass on the case included the forms of alienation of
affection, malicious prosecution, libel and slander, deceit and similar
actions. |
| Trespass Vi et Armis ("trespass by force and arms") |
At common law, an action to recover damages
for an injury done where the immediate act itself causes the injury,
either to the plaintiff's goods, lands or person. |
| Trover |
One of the tort actions, brought against
a defendant who converts the personal property of another to its own
use. |
| Trial de Novo |
|
| True Bill |
See Indictment. |
| Trustee |
One who, having legal title to property,
holds it in trust for the benefit of another and owes a fiduciary
duty to that beneficiary. |
| Variance in Pleadings |
|
| Venire, Writ of |
A command directing a sheriff to assemble
a jury; "venire facias" in Latin. |
| Venue |
|
| Verdict |
A jury's finding or decision on the factual
issues of a case. |
| Voir dire |
|
| Writ of |
See the specific subject matter of the
writ, e.g. Attachment. |
| Writing Obligatory |
A written contract under seal. |
| "Wrong & injury" |
|
