Page:Black's Law Dictionary (Second Edition).djvu/1031

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


Reruni 1:1-ogressus ostendunt multa, qua in initio prmcnvex-1 sen praevideri non ponunt. 6 Coke, 40. The progress of events shous many things which, at the be glnnlng, could not he guarded against or foreseen.

Reriini unaruin quilibet est moderator ct Arbiter. Every one ls the regulator and disposer of his own property. Co. Litt. 22311.

RES. Lat. In the civil law. A thing; an object. As a term of the law, this word has a very wide and extensive signification, lncludlng not only thlngs which are objects of [ll‘01)El'ty, but also such as are not capable of Individual ownership. See Inst. 2, 1, pr. Ami in old English law it is said to have 3. general import, comprehending both corpo- ruil and incurporeal things of whatever kind, n.iture, or species. 3 Inst. 182. See Bract. i'oL Tb. By "rcs." according to the modern civillnns, is meant everything that may form an object of rights. in opposition to “persanu." which is regarded as a subject of rlghts. "Res." therefore, in its general niennlng. comprises actions of all kinds; while In lts restricted sense it compi-eliends every ohject of right. except actions. Mack- eld. Rom. Law, § 146. This has reference tn the fundamental division of the Institutes. Ihat all law relates either to persons, to lliings, or to actions. Inst 1, 2. 12.. In modern usage, the term is particularly applied to an object. suhjectmatter, or status. considered as the defendant in an action. or as the object against which. directiy. proceedings are taken. Thus, in a prize case, the captured vcssei is "the res." And proceedings of this character are said to be in ram. (See IN Pi-:i:soNAiu; IN Rm.) "Ros" may also denote the action or,g, as when a cause, which is not between adversary parties. ls entitled "In re ' Classification. Things (res) have been variously divided and ciassifird in law, a. 9.. in the following ways: (1) Corporeai and incorporeal things: (2) movabies and immovnbles: (3) ran mancipi and res -ncc mam,-’ '- (4) things reai and things personal; (5) things in possession and chases (i. 5.. things) in action: (6) fiingible things and_things not fnngible. (felitgiliilrs vol mm fll1lg“tbtl«‘.’-8,‘) and (7) res singula: (1'. e. individuai objects) and uniwrsitntes rcrimi. i. e.. aggregates of things.) Also persons are for some purposes and in certain respects regarded as things. Brown. —Re| nocessoriu. In the civil law. A neccessary thing; that which belongs to a principal thing, or is in connection with it.—Res ad-

udicata. A common but indetensihie misspelling of res iudicum. The latter term designates a point or question or subject-mutter which was in controversy or dispute and has been authoritatively and finally settled by the decision of a court. Res adjudocata (if there he such a term) could only mean an article or subject of prop- erty “awarded to" a given person by the judgment of a court, which might perhaps be the case in repicvin and similar actions.—Res can dnon. In the civil law. A fallen or eschentcd thing: an escheat. Haiiifax. Civii Law, b. 2 c. , no. 60.—-Be: communes. In the civii



law. Things common to all; that ls, those things which are used and enjoyed by every one, even in single parts, but can never be ext.-iusive— iy acquired as a whole, 2. ., light and air. nst. 2, 1, 1; Mackeld. om, aw, 5 1(i9.—Res eontroversa. In the civil law. A matter controverted: a matter in controversy: a point in question: a question for determination. (‘uh-in. —Res cox-onse. In old English law. Things of the crown: such as ancient msnurs. homage-s of the king. liberties. etc. I<‘lcta, iih. 3, c. 6. 3. —Res cox-pox-ales. In the civil law. Corpo- reai tliimzs; things which can be touched, or are perceptible to the senses. Dig. 1. 8. 1. 1: Inst. 2. 2; Bract. fols. 7b. 10b. 13b.—Reu derelictn. Abandoned property: property thrown away or forsaken by the owner. so as to become open to the acquisition of the first taker or occupant. See Rhodes v. Whitehead. 27 Tex. 313, 34 Am. Dec 63I.—Res fling-ibiles. In the civil law. Fungihie things; things of such a nature that they can he replaced by equal quantities and qualifies when returning a loan or delivering goods purchased, for example, so many bushels of wheat or so many dollars: but a particular horse or a particular jcwcl would not be of this chi-ii-acter.—Res fnx-tivm. In Scotch law. Goods which have been stolen. Beil.—Res gestse. Things done: transactions: essentiai cir- cunistanccs surrounding the sulijcct. Tiie cir- cumstances. facts, and declarations which grow out of the main fact, are contemporaneous with lt, and serve to iliustrate its character. Soc Stirling v. Buckingham. 46 Conn. 443-}: Ft. Smith Oil Co. v. Slovcr. 58 Ark. 169. 24 S. W. ' State v. Prater. 52 W. Va. 13 43 S F}. Davids v. People 192 Ill. 171i. 61 N. E. Hall v. State. -'1 Ga. 607; Railway Co. v. . onre. 24 Tex Civ. App. 489. 59 S. W. 282. —Res hnbiles. In the civil law. things which are prescriplihle: things to which a lawful title may be acqllired by ordinary prescription.- Res immobiles. In the civil law. Inin1ovable thinizs; including land and that which ls connected therewith. either by nature or art, such as trees and buildings. lllackeld. Rn Law, I 1G0.—Res incox-pornles. In the civ iaw. Incnrporcai things: things “hich cannot be touched: such as those things which consist in right. Inst. 2. 2; Bract. fols. 7b. 101). Such things as the mind aione can pt-rceive.—Res integrn. A whole thing: a new or unopcned thing. The term ls applied to those points of law which have not been decided, which are untouched by dic-mm or decision. 3 Mar. 269.- Res inter nlios acts. A thing done between others, or between third -parties or strangers. See Chicago, etc.. R. Co. v. Schniitz. E31] Iil. 446. 71 N. E. 10 —Res 11:35 loqriitnr. The thing speaks for i self. A phrase used in actions for injury by negligence wiiere no proof of negiigence is required bcyond the accident it- self, which is such as Ile(‘l"F§P]l‘iiy to involve neg-

ligcnc c. g., a coilision b'l‘tWFl"‘D two trains upon a r, way. Vvharton. Fce Bcnedick v. Potts. 38 Bid. 52. 40 At]. 1067. 41 L. R. A. 478 )I‘Iffen v. Manice, 166 N. Y. 138. 59 N. E. 9 ' 9 L. R. A. 922. 32 Am. St. Rep. 630: Excclsinr Eflcctric Co. v. Sweet. 57 N. J. Law. 224. 30 Atl. .' 3' Houston v. Brush. B6 Vt. 331. 29 At' Scott v London. etc. Docks Co., 3 Hur C I39G.—Res judioata. A matter ad- jndaed: a thing judicially acted upon or de-

cided: a thing or matter settled by judsment. A phrase of the civil law. constantly qilntc ' the books. 2 Kent. Comm. 1‘_’ —Res Ii osm. In Roman law. HliIl"S which are in itigntion; property or rights which constitute the subject-matter of a pending action.—Bes inaneipi. In Roman law. rtain classcs of things which could not be aliened or transferred ex- cept by means of a certain formal ceremony of conveyance called “mmwiputw.” (q. 0.) Those. included land. iiouses, slaves. horses, and cattle. All other things were called “res aw m4zur~ipi."

The distinction was abolished by .Iustin.ia.u.—