Cross Claim - Law Dictionary Search Results
Home Dictionary Name: cross claim Page: 2joinder
joinder [Anglo-French, from joinder to join, from Old French joindre, from Latin jungere] : the act or an instance of joining: as a : a joining of parties as coplaintiffs or codefendants in a suit ;also : a joining of claims by one or more plaintiffs in a suit see also misjoinder compare counterclaim, cross-claim, impleader, interpleader, intervention, sever collusive joinder : an addition of a party to a suit made for the purpose of manufacturing federal jurisdiction NOTE: Under the Federal Rules of Civil Procedure a federal district court will not have jurisdiction when collusive joinder is made. compulsory joinder : joinder of a party to a suit required by the court when the party is indispensable to complete relief for parties already involved or when the party claims an interest that may substantially affect the other parties or may be put at risk by the action joinder of remedies : a joining of two claims in one action even though one cannot be recognized until the othe...
cross-claimant
cross-claimant : a party that cross-claims ...
interpleader
interpleader [Anglo-French enterpleder, from enterpleder, verb] : a proceeding by which a person compels parties making the same claim against him or her to litigate the matter between themselves see also bill in the nature of interpleader and bill of interpleader at bill compare counterclaim, cross-claim, impleader, intervention, joinder NOTE: When an interpleader is initiated, the person holding the property or owing the obligation that is the subject of the adverse claims usually must deposit the property or post a bond with the court. n : a person who is a party to an interpleader action ...
impleader
impleader : the act or procedural device of impleading a third party ;specif : a petition or complaint brought in a lawsuit by a plaintiff or defendant against a third party who may be liable to that plaintiff or defendant called also third-party practice compare counterclaim, cross-claim, interpleader, intervention, joinder ...
Act of Bankruptcy
Act of Bankruptcy, an act, the commission of which by a debtor renders him liable to be adjudged a bankrupt if the petition is presented within three months thereafter.Under s. 1 of the (English) Bankruptcy Act, 1914 (4 & 5 Geo. 5, c. 59), any one of the following acts of a debtor is an act of bankruptcy:-(a) Having made an assignment of his property in trust for his creditors generally.(b) Having made a fradulent conveyance, gift, delivery, or transfer of his property, or of any part thereof.(c) Having made a conveyance amounting to a 'fradulent preference.'(d) Having, with intent to defeat or delay his creditors, departed out of England, or being out of England, remained out of England; or having absented himself; or begun to keep house.(e) If execution against him has been levied by seizure of his goods under process in any Court or in any civil proceeding in the High Court, and the goods have been either sold or held by the sheriff for 21 days:Provided that where an interpleader su...
Cross-action
Cross-action, a claim by the defendant against the plaintiff put forward in a separate action but arising out of the subject-matter of the first actionand before final judgment theein. Procedure by counterclaim (q.v.) has now practically superseded cross-actions, except in Admiralty cases. Cross-actions are generally consolidated and tried together. See R.S.C., Ord. XIX, r. 3....
cross-complaint
cross-complaint 1 : a claim brought by a defendant against another party to the lawsuit 2 : a claim brought by a defendant against a person not a party to the original lawsuit for a related cause of action ...
cognizable
cognizable 1 : capable of being known ;specif : capable of being recognized as a group because of a common characteristic (as race or gender) NOTE: Systematic exclusion of members of a cognizable group from a jury violates the Sixth Amendment to the Constitution, which requires that jurors be selected from jury pools that represent a fair cross section of the community. 2 : capable of being judicially heard and determined [a claim] ...
Way
Way [fr. w'g, Sax.; weigh, Dut.; vig or wig, M. Goth.], road made for passengers.1. A passage or pat 2. A right to travel over another's property, Black's Law Dictionary, 7th Edn., p. 1587.There are three kinds of ways:-1st, a footway (iter); 2nd, a footway and horseway (actus, vulgarly called packe and prime way; 3rd, via or aditus, which contains the other two, and also a cartway, etc.; and this is two-fold, viz., regia via, the king's highway for all men, and communis strata, belonging to a city or town or between neighbours and neighbours. This is called in our books chimin, Co. Litt. 56 a.All ways are divided into highways and private ways. A right of way strictly means a private way, i.e. a privilege which an individual or a particular description of persons may have of going over another's ground. Such a right is an incorporeal hereditament.A highway is a public passage for the sovereign and all his subjects, and it is commonly called the king's public highway; and the turnpike ...
Joint-tenancy
Joint-tenancy. This tenancy is created where the same interest in real or personal property is, by the act of the party, passed by the same matter of conveyance or claim in solido, and not as merchan-dise, or for purposes of speculation, to two or more persons in the same right, either simply, or by construction or operation of law jointly, with a jus accrescendi, that is, a gradual concentration of property from more to fewer, by the accession of the part of him or them that die to the survivors or survivor, till it passes to a single hand, and the joint-tenancy ceases.Anciently, joint-tenancy was favoured because it did not induce fractions of estates, and returning to early principles the (English) Land Legislation of 1925 has employed the tenure generally as the machinery by which legal estate may in such cases always be in some person, called the estate owner, who is competent to give a title to the whole estate without the concurrence of other parties. that legal estate has been ...
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