Search Results for: DE MALO

licentia surgendi

licentia surgendi (li-sen-shee-[schwa] s[schwa]r-jen-dI), n. [Law Latin “license to arise”] Hist. Permission or writ from the court to a tenant in a real action to get out of bed and appear in court, following the tenant’s earlier plea of inability to appear because of illness that confined the tenant to bed. • The tenant could

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irregular indorsement

An indorsement by a person who signs outside the chain of title and who therefore is neither a holder nor a transferor of the instrument. • An irregular indorser is generally treated as an accommodation party. UCC § 3-205(c). — Also termed anomalous indorsement; full indorsement. See ACCOMMODATION PARTY. [Cases: Bills and Notes 191, 294.

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plea in equity

A special defense relying on one or more reasons why the suit should be dismissed, delayed, or barred. • The various kinds are (1) pleas to the jurisdiction, (2) pleas to the person, (3) pleas to the form of the bill, and (4) pleas in bar of the bill. Pleas in equity generally fall into

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sensus

sensus (sen-s[schwa]s). [Latin] Hist. Sense; meaning; signification. • The word appears in its inflected form in phrases such as malo sensu (“an evil sense”), mitiori sensu (“in a milder sense”), and sensu honesto (“in an honest sense”).

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pure plea

An equitable plea that affirmatively alleges new matters that are outside the bill. • If proved, the effect is to end the controversy by dismissing, delaying, or barring the suit. A pure plea must track the allegations of the bill, not evade it or mistake its purpose. Originally, this was the only plea known in

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