Re Attachment - Law Dictionary Search Results
Home Dictionary Name: re attachmentRe-attachment
Re-attachment, a second attachment of him who was formerly attached and dismissed the court without day, by the not coming of the justices, or some such casualty, Jac. Law Dict....
Attachment
Attachment, in relation to building, includes lamps, brackets, pipes, electric lines and apparatus required for street lighting purposes, Halsbury's Laws of England, Vol. 21, 4th Edn., Para 400, Note 3, p. 291.Attachment means prohibition of transfer, conversion, disposition or movement of property by an order issued under Chapter III. [Prevention of Money-Laundering Act, (15 of 2003), s. 2(d)]A process from a Court of Record, awarded by the judges at their discretion on a bare suggestion, or on their own knowledge, against a person guilty of a contempt, who is punishable in a summary manner. Contempts may be thus classed. (1) Disobedience to the King's writs; (2) Contempt in the face of a Court; (3) Contemptuous words or writings concerning a Court; (4) Refusing to comply with the rules and awards of a Court; (5) Abuse of the process of a Court, and (6) Forgery of writs, or any other deceit tending to impose on a Court, Leach's Hawk. P. Cr., c. 22, s. 33. The issue of writs of attachm...
Foreign Attachment
Foreign Attachment, a custom which prevails in the city of London, whereby a debt owing to a defendant, sued in the Court of the Mayor or Sheriff, may be attached in the hands of the debtor. The custom was certified by the Recorder of London, in the reign o Edward IV., to be, that if a plaint be affirmed in London before, etc., against any person, and it be returned nihil, if the plaintiff will surmise that another person within the city is a debtor to the defendant in any sum, he shall have garnishment against him to warn him to come in and answer whether he be indebted in the manner alleged; and if he comes and does not deny the debt, it shall be attached in his habds, and after four defaults, recorded on the part of the defendant, such person shall find new surety to the plaintiff for the said debt, and judgment shall be that the plaintiff shall have judgment against him and that he shall be quit against the other after execution sued out by the plaintiff. Consult Brandon on Foreign...
Re-entry
Re-entry, the resuming or retaking that possession which one has lately foregone. A clause of this nature, called a 'proviso for re-entry,' is inserted in every properly drawn lease, empowering the lessor to re-enter upon the demised premises if the rent is in arrear for a certain period, e.g., twenty-one days, or if there shall be any breach of the lessee's covenants. A proviso for re-entry, strictly speaking, is only applicable to corporeal hereditaments; see Sitwell v. Londesborough (Earl of), (1905) 1 Ch 465. A proviso for re-entry for breach of covenant has been denounced by a judge of the greatest eminence as 'a most odious stipulation', Hodgkinson v. Crowe, (1875) LR 10 Ch 626, per Sir Wm. James, L.J., but in practice is certainly common enough. A proviso confined to the case of non-payment of rent is a 'usual' stipulation: see Re Anderton, (1890) 45 Ch D 476. A lease under the Settled Land Act, 1882, must contain a condition of re-entry on the rent not being paid within a speci...
Res judicata
Res judicata, a final judgment already decided between the same parties or their privies on the same question by a legally constituted Court having jurisdiction is conclusive between the parties, and the issue cannot be raised again. The judgment may have been given by a foreign Court, Tarleton v. Tarleton, 4 M&S 21. A matter which is res judicata cannot be further gone into; but if the decision was obtained by fraud it can be set aside, Cole v. Langford, (1898) 2 QB 36. Criminal proceedings do not constitute a res judicata as regards civil proceedings arising out of the same facts, Caione v. Palace Shipping Co., (1907) 1 KB 670; and see also Anderson v. Collinson, (1901) 2 KB 107. See ESTOPPEL.When it is said that a previous decision is res judicata, it is meant that the right claimed has been adjudicated upon and cannot again be placed in contest between the same parties. A previous decision of a competent Court on fact which are the foundation of the right and the relevant law appli...
Attach
Attach [fr. attaccare, It., to fasten], to take or apprehend by commandant or a writ or precept. It differs from arrest, because it takes not only the body, but sometimes the goods, whereas an arrest is only against the person; besides, he who attaches keeps the party attached in order to produce him in Court on the day named, but he who arrests lodges the person arrested in the custody of a higher power, to be forthwith disposed of, Fleta, lib. 5, c. xxiv. See ATTACHMENT....
Attachment, Foreign
Attachment, Foreign, a process under which the goods of foreigners found in some liberty are taken to satisfy creditors, Com. Dig., tit. 'Attachment, Foreign.' Also a judicial proceeding, by means of which a creditor may obtain the security of the moneys, goods, or other personal property of his debtor, in the hands of a third person, for the purpose, in the first instance, of enforcing the appearance of the debtor to answer an action; and afterwards, upon his continued default, of obtaining the goods or property in satisfaction of the demand. It is also called garnishment. As to the custom prevailing in the City of London, see FOREIGN ATTACHMENT and consult Brandon on For. Attach...
Re-development areas
Re-development areas. By ss. 34 et seq. of the (English) Housing Act, 1936, a local authority may acquire an area of land by agreement or compulsorily for houses for the working classes if after an inspection for the purposes of detecting overcrowding under s. 1 of the Act or otherwise the authority is satisfied that the area contains fifty or more working class houses, of which at least one-third are overcrowded or unfit for human habitation, and that the industrial and social conditions of the district are such that the area should be used for working-class houses and that the area should be re-developed as a whole for their accommodation. The authority must in those conditions prepare a re-development plan by reference to a map to be submitted to the Minister of Health for approval, and the Minister must hold a public inquiry if there is any objection, before giving or withholding or modifying the plan; in any other case approval may be given, qualified or withheld at the Minister''...
res judicata
res judicata [Latin, judged matter] 1 : a thing, matter, or determination that is adjudged or final: as a : a claim, issue, or cause of action that is settled by a judgment conclusive as to the rights, questions, and facts involved in the dispute b : a judgment, decree, award, or other determination that is considered final and bars relitigation of the same matter [the trial court interpreted the earlier order as a dismissal with prejudice and thus res judicata as to the subsequent complaint "Southeast Mortg. Co. v. Sinclair, 632 So. 2d 677 (1994)"] ;also : the barring effect of such a determination 2 : a principle or doctrine that generally bars relitigation or reconsideration of matters determined in adjudication [the doctrine of res judicata precludes the presentation of issues in a post-conviction petition which have previously been decided upon direct appeal "Stowers v. State, 657 N.E.2d 194 (1995)"]: as a : a broad doctrine in civil litigation that requires and includes ...
Re-insurance or Re-assurance
Re-insurance or Re-assurance, a contract by which a first insurer relieves himself from the risks which he has undertaken, and devolves them upon other insurers, called re-insurers or re-assurers....
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