Page:Black's Law Dictionary (Second Edition).djvu/1128

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


passion is not the result of a former provocation, and the act must be directly caused by the passion arising out of ilie provocation at the time of the homicide. It is not enough that the mind is ngiiated by passion arising from a forincr or oiher provocation or a provocation ,;i\en by some other person. Steli v. State (Tex. (‘r. App.) 58 S. W. 75. and see Farrar v. Slate, 2!) Tex. App. 250, 15 S. \’V. 719; Viulett v. Coinni. (Ky.) 72 S. W. 1; State v. Cheatwood, 2 Hill, Law (S. C.) 402.

SUDDER. In Hindu law. The best; the fore-couit of a house; the chief sent or government, conmidistiiiguished from "mofn.sstl," or interior or the country; the presidecny. Wha.ri;on.

SUE. To prosecute by law: to commence legal proceedings against a party. It is applied almost exclusively to the institution and proscuition of a civil action. See Cliai- lenor v i\'lles. 78 [ii 78: Murphy v. Cochra.n, 1 Hill (N. Y.) 342; Kuklence v. Vocht, 4 Pa. Co. Gt. R. 372; U. S. v. Moore (0. C.) 11 Fed. 251.

—S-ne out. To obtain by application: to petition for iind take out. Prop-rlv tli_e term is applied only to the ohtainin: and issuing of such rocns— as is only nccoiilcd upon an applicalinu first D.].‘1li(‘: but conventionally it_ is also used of the tuking out of process which issues of course. The term is occasio of instruments other than wnts. Piius, we sni-nl: of "M in: out" a pardon See Smith Missouri Luiuher (‘o. v. Wri_-.zht. 114 \Io. 326. 21 S W. 311: Kelley v. Vincent, 8 Ohio St. 420; U. S. v. fifllflléifflfl Lumber Co., 85 Fed. . . 4 .

SUIBRTE. In Spanish law. A small lot of ground. I‘articuiarl_\, such a lot nithin the limits of a city or town used for cul- tivation or planting as a garden, vineyard or orchard. Building lots in towns and cities are called "solnres." Hart v. Burnett, 15 Cal. 55-}.

SUPPER. To snfier an act to be done, by a person who can prevent it, is to permit or consent to it: to approve of it, and not to hinder it. It implies a willingness of the mind. See In re Home Pinning Hill (C. C.) 96 Fed. 815: “"lison v. Nelson, IS3 U. S. I'll, 2.’ Slip. Ct 74, 41'} L Pd. 14 , Seiieek v. S(-‘lllftli. 19 Conn. 505; Giegury v. U. S., 10 Fed. Cas. 1197; In re Thomas (D 0.) 103 Fed. 274.

SUITERANCE. Toieratlun: negative permission by not forbidding; passive consent; license implied from the oniisslon or ne..lect to enforce an adverse right —Sufl‘ex-ance wlun-ves. In English law. These ore nhnrves in which goods may he landed before anv duty is paid. Thev are appointed for the puipose by the eoniiuissioners of the customs 2 Steph. Comm. 500, note.

SUFFERENTIA PACIS. Lat. A grant or suiifeiance of peace or truce.



SUFFERING A RECOVERY. A recovery was effected by the party wishing to convey the land suf/'eii'ng a fictihom ildlm to he brought against him by the forty in whom the land was to be conveyed. (Lhn ria- mandant,) and allowing the deniandui I0 recover a judgment against him for the hind in question. The vendor, or ('0IlVE)'l'.1l¢.' puty. in thus assisting or permitting th£ air nmndant so to recover a jl.l(l,‘.:ll'Iellt anij, was thence technioaily said to ‘sulur a recovery.” Brown.

SUFFICIENT. As to sufficieut eration" and “Evident-e,"

“Consid- see those tiiin.

SUITRAGAN. Bishops who in foilier times were appointed to supply the place of others during their absence on einbzmius or other business were so teinieil. They here consecrated as other bishops vicre, and were aucieiilly called “cIioi'r_pi.\-m1ii"' or "lusl-ups of the county," in contradistinciion to the regular bishops of the city or see. The pro!- tlce or creating suf[ra_r1an. bishops, after having long been discontinued, was l'€‘(‘)lH_V in- vived; and such bishops are now permanent- ly. "assist.niit” to the liisiiops. Brown.

A suiIri1_:an is a titular bishop ordained to aid and assist the bishop of the (1iJlV'i€ in his spiiitual function: or one who supplicth the place instead of the bishop, by whose suifiup ecclesiastical causes or matters coiniuim-I to him are to be adjudged, acted on, or delcrinii ad. Some writers call these suifrssnns by the name of “subsidiary bishops." Tomlins.

SUI‘!-‘RAGE.}} A vote; the act of voting; the right or privilege of casting a vote at public elections. The last is the nieauini of the term in such phrases as "the extension of the sut'i’i-age." “universal su£t‘ragi=." etc. See Spitzer v. Fulton, 33 Misc. Rep. 257, 63 N. Y. Supp. 060.

SUFFRAGIUM. Lat. In Roman law. A vote; the right of voting in the asseinhlies of the people.

Aid or influence used or promised to ob- tain some honor or office; the purchase of office. Cod. 4, 3.

SUGGESTIO PALSI. Lat. Sn,-zjgestion or representation or that which is false; false representation. To recite in a d('L‘d that a will was duly executed, when it \\ as not, is su_r7_m3.«=i.1'o fnlsi; and to conceal from the heir that the viili was not duly executed is suppressia uerl. 1 1’. Wms. 2A0.

SUGGESTION. In practice. A sti1iemcnt, formally entered on the record, at some fact or circumstance which will mute- rially affect the further proceedings in the cause, or which is necessary to be brought to the knowiedge or the court in order to its right disposition of the action, but which, for some reason. cannoi he pleaded. Thus,

it one of the parties dies after issue and be-