Modo Et Formal - Law Dictionary Search Results
Home Dictionary Name: modo et formalModo et forma
Modo et forma (in manner and form), a phrase formerly used in pleading. It was the nature of a traverse to deny the matter of fact in the adverse pleading in the manner and form in which it was alleged, and, therefore, to put the opposite party to prove it to be true in manner and form as well as in general effect. The plea of non est factum, and the replication de injuria (now abolished), were the only negative traverses not pleaded modo et forma. These words were in no case strictly essential, so as to render their omission a cause of demurrer. See now PLEADING....
Confessus in judicio pro judicato habetur, et quodam modo sua sententia damnatur
Confessus in judicio pro judicato habetur, et quodam modo sua sententia damnatur [Lat.], A person confessing a judgment is deemed as adjudged, and in a manner is condemned by his own sentence....
Eodem modo quo quid constituitur, eodem modo destruitur
Eodem modo quo quid constituitur, eodem modo destruitur [Lat.], In the same way in which any-thing is constituted, it may be destroyed....
General issue
General issue, a plea simply traversing modo et forma the allegations in the declaration, as the plea of 'not guilty' in torts; 'never indebted' to money counts, or 'nunquam assumpsit' to actions on simple contract (English) C.L.P. Act, 1852, Sched. B, 37). Pleading the general issue was abolished by the (English) Judicature Acts, R.S.C. 1883, Ord. XIX., r. 4, providing that every pleading shall contain, and contain only, a statement in a summary form of the facts on which the party pleading relies; and the particular form of pleading the general issue by pleading ''not guilty by statute' (see that title) is abolished by the (English) Public Authorities Protection Act, 1893, as regards any proceeding to which that Act applies.In criminal proceedings the general issue is 'not guilty,' which is pleaded viva voce by the prisoner at the bar....
Jura eodem modo destituuntur quo constituuntur
Jura eodem modo destituuntur quo constituuntur [Lat.], Laws are abrogated by the same means by which they were made.Laws are abrogated or repealed by the same means (authority) by which they are made. See Aphali Pharmaceuticals v. State of Maharashtra, (1989) 4 SCC 378: AIR 1989 SC 2227....
Naturale est quidibet dissolvi Enquiry Officer modo quo ligatur
Naturale est quidibet dissolvi Enquiry Officer modo quo ligatur. Jenk. Cent. 66, (It is natural for a thing to be unbound in the same way in which it was bound)....
Quomodo quid constituitur eodem modo dissolvitur
Quomodo quid constituitur eodem modo dissolvitur (Jenk. Cent. 74), in the same manner by which anything is constituted, by that it is dissolved....
Solvitur in modo solventis
Solvitur in modo solventis, a payment is made in the way the payer intends....
Sub modo
Sub modo, under condition or restriction...
Thesaurus inventus est vetus dispositio pecuni', etc., cujus nonextat modo memoria, adeo ut jam dominum non habeat
Thesaurus inventus est vetus dispositio pecuni', etc., cujus nonextat modo memoria, adeo ut jam dominum non habeat. 3 Inst. 132.-(Treasure-trove is an ancient store of money, etc., of which no recollection exists, so that it now has no owner.)...
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