Page:Black's Law Dictionary (Second Edition).djvu/1220

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


Vocalmla in-tium explicanda aunt se-

cunduin deflnitiones pi-ndentum. Terms

of arts are to be explained according to the

definitions of the learned or skilled [in such arts.) Bl. Law Tracts, 6.

VOCARE AD CURIAM. In feudal law. To summon to court. Feud. Lib. 2, tit. 22.

VOCATIO IN JUS. Lzit. Asumnionlng to court. In the earlier practice of the law, (under the lcuis acM'a1Les,) the

creditor orally called upon his debtor to go with him hcfore the printer for the purpose of determining their controversy, saying, "In jus camus; in my to now." This was called "12acutz'o in iux."

VOCIFERATIO. Law. Outcry ;

Lat. In old English hue and cry. Cowell.

V060. Lot. In the civil and old English law. I call; I summon; I vouch. In

1113 wow to, I summon you to court; I sum-

mon you before the pr.-aetor. The formula

by which a Roman action was anclently com- menced. Adanis, Rom. Ant 242.

VOID. Null; ineffectual; nugatory; hav-

ing no legal force or binding effect; unable,

in law. to support the purpose for which it was intended.

“Voi " does not always imply entire nullity; but it is, in a legal sense, subject to large quali- fications ln view of all the circumstances calling for its iipplicntion, and the rights and Interests to be allected in a given case. Brown v. Brown, 50 N. H. 538, 552.

“Vold," as used in statutes and by the courts, does not usually mean that the act or proceeding is an absolute nullity. Kuirney v. Vaughan. 50 BIO. 234.

There is this difference between the two words "void" and “voidable:" void means - an instrument or transaction is so nugatory and ineifectunl that nothing can cure it; voizloble, when an imperfection or defect can be cured by the act or confiimation of him who could take advantage of it. Thus, while acceptance of rent will make good a Voldzllile lease, it will not utfirni a void lease. “'hiirton.

The true distinction between void and voldable acts, orders, and judgments is that the former cun always be assailed in any proceeding, and the latter only in a direct proceeding. Alex- andor v. Nelson. 42 Ala. 462.

The term “void," as applicable to conveyances or other agreements, has not at all times been used with technical precision. nor restricted to ' " " ' sense, as contradistin- guishccl from “voidable;" it being frequently lulroduced, even by legal writers and Jurists, when the purpose is nothing further than to indicate that a contract was invalid, and not binding in law. But the distinction between the terms "void" and “voidable," in their sppllcatlcn to contracts, is often one of great practical importance; and, Whenever entire tech- nical accuracy is require the term “void" can only be properly a-pplie to those contracts that are of no etfect whatsoever, such as are a mere nullity, and incapable of confirmation or ratification. Allis v. Billings, 6 1\.letc.(Z\Inss.) 415, 39 Am. Dec. 744.



Void in part, void in tutu. Curtis V. Leavitt, 15 N. Y. 9, 96.

Void things are as no things. v. Shall, 9 Cow. (N. Y.) 778, 78;


VOIDAJBLE. That may be avoided, or declared vold; not absolutely void, or Void in itself. Most of the acts of infants are mudd- we only, and not absolutely void. 2 Kent, Comm. 2&4. See Voin.

VOIDANGE. The act of emptying; ejection from a benefit.-e.

VOIR DIR]-I. L Fr. To speak the truth. This phrase denotes the prehmlnary examination which the court may iniike or one presented as a witness or juror, where his competency, interest, etc.. is 0h_19(’t9(l tn.

VOITURE. Fr. Cairlage; transpoiI.ation by carriage.

VOLENS. Lat. Willing. He is said to be willing who either expussly consents or tacitly makes no opposition. Galvin.

Valenti non fit Injnrin. He who consents cannot rcceive an injury. Broom, Max. 268, 269. 271, 395; Shelf. Mai‘. & Div. -1-19; Wing. Max. 482; 4 Term R. 657.

Vnluit, Ied non dixit. He willed, but he did not say. He may have intended so, but he dld not say so. A mnxltu frequently used in the construction of wills, in answer to arguments based upon the supposed intention of a testutor. 2 Pow. Dev. 625; 4 Kent, Comm. 538.

VOLUMEN. Lat. In the civil law. A volume; so called from its form, being rolled up.

VOLUMUS. Lat. We will; it is our will. The lirst word of a clause in the royal writs of protection and letters patent. Gow- ell.

VOLUNTARIUS DEMON. A voluntery madman. A term applied by Lord Coke to a drunkard, who has voluntarily contracted madness by intoxication. Co. Lltt 247; 4 Bl. Comm. 25.

VOLUNTARY. Free; sion or solicitation

Without consideration; consideration; gratuitous.

—Vohmtary uonrtesy. A volnnta act of kindness; an act of kindness peiforme by one man towards another, of the free will and icnllnation of the deer, without any previous r_e-

usst or promise of reward made by him who is tllie object of the courtesy; from which the law will not imply a promise of remuneration. Holthonse.,—Volunf.ary ignorance. This e.x- lsis where a party might, by taking reasonable

oins. have acquired the necessary knowledge. gut has neglected to do so.

without compul-

without valuable