Page:Black's Law Dictionary (Second Edition).djvu/1023

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


REMISE DE LA DETTE

Co. v. Hutchinson, 19 Or. 334, 24 Pac. 515; MCAIJJIW v. Tiflfin. 143 M0. 667, 45 S. W. 656; Lynch v. Livingston, (5 N. Y. 434.

RENIISE DE LA DETTIL In French law. The release of a debt.

REMJSSION. In the civil law. A re- lease or a debt. it is canvezitional, when it is expressly gianted to the debtor by a cred- itor having a capacity to alienate; or tacit, when the creditor voluntarily surrenders to his debtor the original title, under private signature constituting the obligation. Civ. Code La. art. 2195.

"Remission" also means forgiieness or condonation of an ofiiense or injury.

At common law. The act by which I forfeiture or penalty is forgiven. United States v. Morris, 10 Wheat. 2-16, 6 L. Ed. 314.

Remissius imperanti melius 11-aretur. 3 inst. 23.)‘. A man commanding not too strictly is better obeyed.

REMISSNESS. This term imports the doing of the act in question in :1 tardy, negligent, or careless manner; but it does not apply to the entire omission or forbearance of the act. Baldwin v. United States Tel. Co., 6 Abb. Prac. N. S. (N. Y.) -123.

EEMJT. To send or transmit; as to remit money. Potter v. Moi-land, 3 Cush. mass.) 383: Hoiioweii v. Life Ins. Co., 126 N. C. 398, 35 S. E. 616.

To give up; to annul; to relinquish; as to rmiit a line. Jungbinth v. Iiedfield, 14 Fed. Cas. 52; Gibson v. People, 5 Huh (N. Y.) 5-13.

REMITMENT. The act or sending back to custody; an annulment. Wharton.

REMITTANCE. Money sent by one person to another, either in specie. bill or ex- chaug , check, or otherwise.

REMITTEE. miimnce is made

A person to Whom a re Story, BBHID. § 75.

REMITTER. The relation back of a later defective title to an earlier valid title. Remmer is “here he who has the true property or jus praprictatis in lands, but is out of possession thereof, and has no right to enter iuihout recovering possession in an action. has afterwards the freehold cast upon him by some subsequent and of course defective title. in this case he is reniirtcd, or sent baci, by operation of law. to his ancient and more certain Lille. The right of entry which he has gained by it had title shall be ipso facto annexed to his own inherent good one; and his defcasibie estate shall be utterly defeated and annulled hr the instantaiicnus act of law, without his participation or consent. 3 BL Loinin. 19.

1015

REMOTENESS OF EVIDENCE

REMITTIT DAMNA. Lat. AJJ entry on the record, by which the plaintiff declares that he remits a part of the damages which have been awarded him.

REMITTITUR DAMNA. Lat. In practice. Au entry made on record, in cases where a jury has given greater damages than 21 plaiiitiflf has declared for, remitting the ex- cess. 2 Tidd. Pr. 896.

REMITTITUR OF RECORD. The returning or sending back by 21 court of appeal of the record and proceedings in a cause. after its decision thereon. to the conrt whence the appeal came, in order that the cause may be tried anew, (where it is so ordered.) or that judgment may be entered in accoidance with the decision on appeal, or execution he issued, or any other necessary action be taken in the court below.

REMITTOR. A person who makes a remittance to another.

REMONSTRANOE. Expostuiation: showing of reasons against something pro- posed; a representation niiide to a court or legislative body wherein certain persons unite in urging that a contemplated measure be not adopted or passed. See Girvin v. Simon. 127 (‘ai. 491, 59 Pac. 945; In re Mercer County License Applications, 3 Pa. Co. Ct. IL 45.

REMOTE. This word is used in law chiefly as the antithesis of "proximate," and conveys the idea of niedintcness or of the intervention of something else.

—Remote cause. In tiin law of negligence, a "remote" cause of an accident or injury is one which does not by itself alone produce the given result, but which sets in motion another cause called the "proximate" cause, which im- media eiy brings about the given oifcct; or, as otherwise defined. it is "that \\iIil'h may have happened and yet no injury have occurred, not- withstanding that no injury could have occurred if it had not ban iened." Sec Troy v. Railroad Co., 99 . 29%, 6 S. E. 77, 6 Am. SI: Rep. 521: Maryland Steel Co. v. Marney. 88 Md. 5182, 42 All. 60, 42 L R. A. 84?. 71 Am. St. Rep. 441: Huey v. Metropolitan St. Ry. Co.. 70 App. Div. G0, 74 N. Y. Supp. 1113: Clay- pnnl \'. Wimuoro, 34 Ind. App. 35. 71 N. E. 509. —Remote damage. Damage is said to be too reinoie to be actinnahie when it is not the legal and natural consequence of the act complained of.—-Rernote possibility. In the law of estates, a double possibility, or :1 limitation dependent on two or more facts or events both or all of which are contingent and uncertain; as. for example, the limitation of an estate to a given man provided that he shall marry a cer tain woman and that she shall then die and he shall marry another.

REMOTENESS. Want of close connection betvleen a wrong and the injury, as-' cause and effect, whereby the party injured cannot claim compensation from the wrong- doer. Wharton.

REMOTENESS OF EVIDENCE. When

the fact or facts proposed to be establish-