Page:Black's Law Dictionary (Second Edition).djvu/213

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CLAIM

CLAIM, ii. 1. A challenge of the proper- Q or ownership of a thing which is wrongfully withheld from the possession of the claim- ant. Stowel v. Zoucb. Piowd. 359; Robinson v. Wiiey, 15 N. Y. 491: Fordyce v. Godman, 20 Ohio St. 1-}; Douglas v. Beasley, 40 Ala. 147. Prigg v. Pennsyivanla, 16 Pet. G15, 10 L. Ed. 1060; U. S. v. Rhodes (0. C.) 30 Fed. -125; Sllliman v. Eddy, 8 How. Prac. (N. Y.) 123.

A ciniin Is a right or title, nctaai o_r supposed, to a debt. privilege, or other thing in the [005- scssiun of another: not the possession, but the means by or through which the ciaimant ob- tains the possession or enjoyment. Lawrence v. Miiier. 2 N. Y. 24:3. 254.

A claim is. in a just, juridical sense, a demand of some matter as of right made by one person upon another. to do or to forbear to do some art or thing as a matter of duty. A more lim- lted, but at the same time an eqnaily expressive, dnlnition was given by Lord Dyer. tbat_"a claim is a challuige by a man of the propriety or ownership of a thing, which he has not in possession, but which is wrongtuily detained imin him. ' Prigg v. Pennsyivania. 16 Pet. 61:‘), 10 L. Ed. 1000.

"Claim" has generally been defined as a demand for a thing, the ownershi of which, or an interest in which. is in the caimant, but the posoissloa of which is wrongfully withheid by another. But a broader meaning must be accorded to lt. A demand for damages for crim- lml conversation with plaintiffs wife is a cinim: but it wonid be doing violence to lan- guage to say that such damages are property of plaintiff which defendant withholds. In com- mon parlance the noun “ciaiin" means an assertion, a pretcnslon: and the verb is often used (not (Kalle correctly) as a synonym for "state." “ui-ge.’ "insist," or “assert,." In a statute authorizing the courts to order a hiii of partic- ulars of the "claiin" of either party. "claim" is coextensive with “case." and embraces all causes of action and all grounds of defense, the pleas of both parties, and picas in confession and aioirlance, no icss than complaints and counter-claims. It warrants the court in re- quiring a defendant who justifies in a libel suit to furnish particulars of the fncLs relied upon tin jgiigfication. Orvis v. Jennings, 6 Daly (N.

.) .

2. Under the mechanic's ileii law of Penn- Iyiviinla, a demand put on record by a nie- rhnnic or material-man against a building for work or material contiibuted to Its erection in calied a "ciaim."

3. Under the land laws of the United States, the tract of land taken up by a pre- emriiniier or other settler (and also his possessiovi of the same) is called a ‘‘claim. Rail- nurl Co. v. Abink, 14 ‘\leb. 95. 1-5 N. W. 317; Puwman v. Torr. 3 Iowa. 67 .

4. in patent law, the claim is the speci- il"ll”0l.l by the nppiicant for a patent of the iumcuiar things in which he insists his inmition ls novei and pateatahie: it is the some in the application in which the appii- wit defines precisely what his invention is. White v. Dunbar. 119 U S. 47. 7 Sup. Ct. 72. 30 L. Ed. 303; Bramnier v. Schroeder, 106 Fed. 930. 46 C. C. A. 41.

—Advei-se claim. A claim set up by a strain- gt-r to gnotls upon which the sherifi has levied

an execution or attacbment.—C1aim and de-

205

CLANDESTINE

livery. An action at law for the recovery of specific personal chatteis wrongfully taken and detained, with damages which the wrongful taking or detention has caused; in substance a modern modifiuition of the common-law action of repievin. Fredcricks v. Tracy. 98 Cai. 658. 33 Pac. T50; Railroad Co. v. Giia County, 8 Ariz. 392. 71 Pac 913.

—Cla.irn in equity. In English practice. In siniple cases, where there was not any great conllict as to facts, and a discovery from a defendant was not sought, but a reference to chambers was nevertheless necessary before iinai decree, which wouid be as of couree, all parties being before the court, the summar proceeding by ciaim was sometimes adopto . thus oh- viating the recourse to plenary and protracted pleadings. This summa practice was created by orders 22d April. 1 70, which came into operation on the 22d May foiioviing. See Smith. Ch. Pl‘ . By Consolid. Ord. 1860. viii. r. 4, claims were ahoiished. Wharton.—C1aim of eonnsaiice. In practice. An intervention by a third person in a suit. claiming that be has rightful jurisdiction of the cause which the piaintitf has commenced out of the claimant's court. Now obsolete. 2 Wils. 40!-‘I; Bl. Comm. - 8.—Clairn of liberty. la Eagiish pracnce. A suit or petition to the queen. in the court of cxcbequer, to have iiberties and franchises confirmed there by the attorney general.—Cunnte1--claim. A claim set up and urged by the defendant in opposition to or reduction of the claim presented by the plaintiff. See. more fully. COI!N'1‘ER—CLAIla{.

G

l'|'l

C L A I M A N T. In admiraity practice The name given to a person who lays ciaim to property seized on a iibel in mm, and who is authorized and admitted to defend the action. 'lhe Conqueror. 166 U. 3 110, 17 Sup. Ct. 510, 41 L. Ed. 937. G

CLAIM. Lat. In the civil law. Uovertly; secretly. —Cla.in, vi, ant precnrio. A technicai phrase of the lloni.-in law, meaning by force, H steaith, or iinportiiuity.

Clean delinquent»: magi: pnniuntur qunm palam. 8 Coke. 127. Those sinniiig secretiy are punished more severely than those slnnlag openly.

CLAMEA ADIVIITTENDA IN ITDWERE PER ATTORNATUM. An nncieiit writ by which the king commanded the justices In eyre to .'id.niit the ciaim by attorney of 3 person who was in the royal service, and could not appear in person. Reg, Orig. 19.

I-

CLAMOR. In old English law. A claim or compinint; an outcry; clamor.

In the civil law. A claimant. A debt; anything claimed from another A proc1.imation; an accusation. Du Gauge.

CLANDESTINE. Secret; hidden; cocneaied. The “clandestine Importation" of goods is a term used in English statutes as equivalent to “smuggling." Keck v. U. S.. 172 U. S. 434. 19 Sup. Ct. 254, 43 L Ed. 505. A clandestine marriage ls (legally) one contracted witiimit observing the conditions

precedent presciibed by law. such as publiction of bans, procuring a license, or the like.