Your Free Online Legal Dictionary • Featuring Black’s Law Dictionary, 2nd Ed.

Category: E

EXECUTIONE JUDICII

A writ directed to the judge of an inferior court to doexecution upon a judgment therein, or to return some reasonable cause wherefore hedelays the execution. Fitzh. Nat. Brev. 20.

EXERCISE

To make use of. Thus, to exercise a right or power is to do somethingwhich it enables the holder to do. U. S. v. Souders, 27 Fed. Cas. 1267; Cleaver v.Comm., 34

EXHUMATION

Disinterment; the removal from the earth of anything previous lyburied therein, particularly a human corpse.

EXONERATIONS SECT

. A writ that lay for the crown’s ward, to be free from all suitto the county court, hundred court, leet, etc., during wardship. Fitzh. Nat Brev. 158.

E

In old English and Scotch law. Respite; delay; continuance of time; postponement Respiciendum est judieanti ne quid aut durius aut rewissius coustituatur quam causa deposcit; nee euim aut se- vcritatis aut demcntise

EXECUTION CREDITOR

One who, having recovered a judgment against the debtor for his debt or claim, has also caused an execution to be issued thereon.

EASON V

State, 11 Ark. 491; Atchison St. It. Co. v. Missouri Pac. R. Co.. 31 Kan. 661, 3 Pac. 284; Orr v. Quimby, 54 N. H. 613. 7. In the law of contracts,

EQUITABLE CONSTRUCTION

A construction of a law, rule, or remedy which has regard more to the equities of the particular transaction or state of affaire involved than to the strict application of the rule

EXECUTED AND EXECUTORY

Contracts are also distinguished into executed and executory: executed, where nothing remains to be done by either party, and where the transaction is completed at the moment that the arrangement is made,

ENTIRE AND SEVERABLE

An entire contract is one the consideration of which is entire on both sides. The entire fulfillment of the promise by either is a condition precedent to the fulfillment of any part

ELEEMOSYNARY AND CIVIL

Lay corporations are classified as “eleemosynary” and “civil;” the former being such as are created for the distribution of alms or for the administration of charities or for purposes falling under the

EEX

Lat. In the Roman law. Law; a law; the law. This term was often used as the synonym of jus, in the sense of a rule of civil conduct authoritatively prescribed for

EVIDENCE

Partial insanity. Mental unsoundness always existing, although only occasionally manifest; monomania. 3 Add. 79.

EXCESSIVE DAMAGES

Damages awarded by a jury which are grossly in excess of the amount warranted by law on the facts and circumstances of the case; unreasonable or outrageous damages. A verdict giving excessive

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