Page:Black's Law Dictionary (Second Edition).djvu/1191

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


ULTRA POSSE

Minnesota Thresher Mfg. Co. v. Langdon. 44 Minn. 37. 46 N. \’V. 312; State v. Morris & E. R. Co.. 23 N. J. Law. 360; Central Transp. Co. v. Pullman's Palace Car Co.. 139 U. S. 24, 11 Sup. Ct. 4-78. 35 L. E . 55: L-atimer V. Bard (C. (‘J 76 Fed. 54!}; Edwards County V. Jennings (Tex. Civ. App.) 33 S. W. 585.

Ultra. posse non potest ease, at Vice Versa. What is beyond posslbiiity cannot exist, and the reverse. [what cannot exist is not possible] Wing. Max. 100.

ULTRONEOUS WITNESS. In Scotch law. A Volunteer witness; one who appears to give evidence without being called upon. 2 Aiis. Crim. Pr. 393.

UMPIRAGE.}} The decision ct an umpire. The word “u1npir:1ge." in reference to an umpire, is the same as the word “a\vard," in reference to arbitrators; but “award" is commonly applied to the decision of the nmpire also.

UMPIRE. When matters in dispute are submitted to two or more arbitrators, and they do not agree in their decision. it is usual for another person to be called in as "umpire," to whose soie judgment it is then referred. Brown. And see lngrabam V. \\i1itmore. 75 Iil. 30: Tyler v. Webb, 10 B. Mon. (Ky.) 123; Lyon v. Blossom, 4 Duer (N. Y.) 325.

U): ne doit prise advantage de Ion tort demesne. 2 And. 33, 40. One ought not to take advantage of his own wrong.

Una persona viz potent snpplere Vices dmu-um. 7 Coke, 118. One person can scarcely snpply the places of two. See 9 H L. Gas. 274.

UNA VOCE. Lat. With one voice; nnan- imonsly; wltbout dissent.

UNALIENABLE. Incapabie of being aliened, that is, soid and transferred.

UNANIMITY. Agreement of ail the persons concerned. in hoiding one and the same opinion or determination of any matter or question; as the concurrence of a jnry in deciding upon their verdict.

UNASCERTAINED DUTIES. Payment in gross, on an estimate as to amount, and where the merchant, on a final liquidation, vsiii be entiiied by law to allowances or deductions which do not depend on the rate of dnty charged, but on the ascertainment of the quantity of ti1e article subject to duty. Moke v. Barney, 5 Blatchf. 274. Fed. Cas. No. 9,698.

UNAVOIDABLE ACCIDENT. Not nec- esaariiy an accident which it was physicaliy lmpossibie, in the nature of things, for the

1183

UN CONTROLLABLE IMPULSE

person to have prevented, but one not ocnasioned in any degree, either remoteiy or directly, by the want of such care or skill as the law holds every man bound to exer- cise. Dygert v. Bradley, 8 Wend. (N. Y.) 473.

UNCEASESATH. In Saxon law. An oath by relations not to avenge a reiation's death. Biount.

UNCERTALNTY. Snch vagueness, ob- scurity, or confusion in any written instru- ment, 9. g., a will, as to render it nnintciiigibie to those who are caiied upon to execute or interpret it, so that no definite meaning can be extracted from it.

UNCIA. Lot. in Roman law. An ounce: the twelfth of the Roman “as," or pound. The tweifth part of anything; the proportion of one~tweifth. 2 Bl. Comm. 462, note in.

UNCIA AGRI, UNCIA TERRIE. These phrases often occur in the charters of the British kings, and signify some measure or quanhty of land It is said to have been the quantity of twelve madii: each modlus being possibly one bundred feet square Jacob.

UNCIARIUS HERES. Lat. In Roman law. An heir to one-twelftb of an estate or inheritance. Calvin.

UNCLE. The brother of one's father or mother. State v. Reedy, 44 Kan. 190. 24 Pac. 66; State v. Guiton, 51 La. Ann. 155. 24 South. 784.

UNCONSCIONABLE BARGAIN. A contract which no man in his senses, not under deinsion. Wouid make, on tile one band, and winch no fair and honest man wouid accept. on the other. Hume v. U. 132 U. S. 406, 10 Sup. Ct. 134, 33 L. Ed. 393.

UNCONSTITUTIONAL. That which is contrary to the constitution. The opposite of “coustitutional." See State v. i\Ic(‘nnn. 4 Lea (Tei1n.) 10: In re llahrer (C. C) 43 Fed. 558, 10 L. R. A. -H-1; Norton v. Sheiily County, 118 U. S. 425. 6 S. Ct. 1121, 30 L. Ed 178.

UNCONTROLLABLE IJVIPULSE. As an excuse for the commission of an act otherwise criminai. this term means an Lmpuise towards its commission of such fixity and intensity that it cannot be resisted by the person subject to it. in the enfeehied condition of his will and morai sense re» sulting from derangement or mania. See Insenrrr. And see State v. O'Neil, 51 Kan.

651, 33 Pac. 287, 24 L. R. A. 555.