Feigned Issue - Law Dictionary Search Results
Home Dictionary Name: feigned issueFeigned issue
Feigned issue, a proceeding whereby an action was supposed to be brought by consent of the parties to determine some disputed right without the formality of pleading, saving thereby both time and expense. It might be ordered either by a Court of Law of Equity, or by a judge under the repealed Interpleader Act (1 & 2 Wm. 4, c. 58). Before the Gaming Act, 1845 (8 & 9 Vict. c. 109), s. 19, questions of fact were often tried by means of a pretended wager between the parties interested. But by the last-named Act, in every case, where any Court of Law or Equity desired to have any question of fact decided by a jury, the Court might direct a writ of summons to be sued out by such person as it thought ought to be plaintiff, against such person as it thought ought to be defendant, and thereupon proceedings went on as upon a feigned issue. Compare R.S.C. 1883, Ord. XXXIV., R. 9.A proceeding in which the parties, by consent, have an issue tried by jury without actually bringing formal action, Bla...
Sponsio judicialis
Sponsio judicialis, the feigned issue of the Roman Law. See FEIGNED ISSUE....
Feigning
That feigns insincere not genuine false...
Feign
Feign, to make up or fabricate, to make a false show of Black's Law Dictionary, 7th Edn., p. 632....
Tail after possibility of issue extinct, Tenant in
Tail after possibility of issue extinct, Tenant in. This estate arises out of a special entail as to the parentage of the issue, when the express condition has become impossible by reason of death. Thus, if an estate be granted to husband and wife, and their issue, male or female, if either of them die without issue, the survivor is tenant-in-tail after possibility of issue extinct; and even if there have been issue, yet if the issue die without issue, then the surviving parent is also such a tenant; and also if an estate be entailed upon a man and his issue from a particular wife, if she die without issue, the interest of the husband becomes reduced to a tenancy-in-tail after possibility of issue extinct. Only a donee in tail-special can become such a tenant, for if the entail be general, such a tenancy can never arise; for whilst he lives he may have issue, the law not admitting the impossibility of having children at any age. As an estate-tail is originally carved out of a fee-simpl...
issue
issue 1 pl : proceeds from a source of revenue (as an estate) [rents, s, and profits] 2 : one or more lineal descendants [died without ] compare child, heir 3 a : a vital question or problem [cited a national security ] [raised an of public safety] b : a matter of dispute between two or more parties ;specif : a single material point of fact or law in litigation that is affirmed by one side and denied by the other and that is a subject of the final determination (as by jury) of the proceedings genuine issue : an issue of fact that requires adjudication by trial rather than summary judgment because sufficient evidence exists to support a verdict for the party opposing the motion for summary judgment NOTE: The burden is on the party moving for summary judgment to show that no genuine issue is in dispute. issue of fact : a dispute about a material fact that is raised by pleadings and that must be resolved by a decision under the law in order to become res judicata issue of la...
Issue
Issue [fr. exitus, Lat.], used in several senses:-(1) The legitimate offspring of parents. The word 'issue' in a will was either a word of purchase or of limitation, as would best answer the intention of the testator; and for the effect of the word in the case of a deed, see Norton on Deeds. Now the rule in Shelley's case (q.v.), having been abolished by s. 131, in instruments made or in wills upon death after 1925, 'issue' will be construed as a word of pur-chase [(English) Law of Property Act, 1925, s. 131], and s. 130, by implication abolishes the rule in Wild's case, (1599) 6 Co Rep 16 b, 17 a (q.v.), in such cases, 2 Fonbl. Eq. 69.(2) The profits arising from lands or tenements, amerciaments, or fines.(3) Event, consequence, evacuation, sending forth.(4) The point in question, as the conclusion of the pleadings between contending parties in an action, when one side affirms and the other denies.It is provided by the present rules of pleading that the plaintiff by his reply may join...
Collateral or incidental issue
Collateral or incidental issue, a collateral or incidental issue is one that is ancillary to a direct and substantive issue; the former is an auxiliary issue and the latter the principal issue. The expression 'collaterally or incidentally' in issue implies that there is another matter which is 'directly and substantially' in issue, Sajjadanashin Sayed Md. B.E Edr v. Musa Dadabhai Ummer, (2000) 3 SCC 350: AIR 2000 SC 1238 (1243). [Civil Procedure Code 1908, s. 11]...
failure of issue
failure of issue :lack of living issue (as of a person named to take under a will) at death definite failure of issue : a failure of issue determined at a specific time set in a will (as at the death of a named taker) indefinite failure of issue : a failure of issue for which no time period is fixed in a will ...
Issued
Issued, the expression 'issued' is not used in the narrow sense of 'sent'. The dictionary meaning of the expression 'issued' takes in the entire process of sending the notice as well as the service thereof, Banarsi Debi v. Income Tax Officer, AIR 1964 SC 1742 (1745): (1964) 7 SCR 539.Issued, the word issued in the context of issue of a charge sheet merely means that the decision to initiate disciplinary proceedings is taken and translated into action by despatch of the charge-sheet leaving no doubt that the decision had been taken, Delhi Development Authority v. H.C. Khurana, AIR 1993 SC 1488 (1493)....
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