Page:Black's Law Dictionary (Second Edition).djvu/290

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COUNTER-CLAIM

cause of action arising also on contract, and existing at the commencement of the action." Code Proc. N. Y. 5 150.

The term “counter- Linn," of itself. lmports a claim opposed to, or which qualifies, or at least in some deg ‘es affects, the pi.-iintii'E’s cause of action. ‘ h v. Koch, 35 Wis. U26.

A counter-claim is an opposition claim, or demand of something due; a demand of something which of right belongs to the defendant. in opposition to the right of the plaintiff. Siliiman v. Eddy, 8 How. Prac. . -.

A countervlaim is that which might have arisen out of, or could have had some connection with, the original transaction. in view of the parties, and which, at the time the contract was made, they could have intended might. in some event, give one party a claim against the other for compliance or non-compliance, with its

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provisions. Conner v. Winton. 7 Ind. 523, 524. COUNT]-IRE‘!-]I'l‘. In criminal law. To

forge; to copy or imitate, without authority or right, and with a view to deceive or defraud, by passing the copy or thing forged for that which is original or genuine. Most commonly applied to the fraudulent and criminal imitation of money. State v. Me Kenzie, 42 Me. 392; U. S. v. Barrett (D. C.) 111 Fed. 360; State v. Calvin. R. M. Charlt. (Ga.) 159; Mnttison v. Stete. 3 Mn. 421. —Counte1-felt coin. Coin nut genuine, but resembling or apparently intended to resemble or pass for genuine coin. including genuine coin prepared or aitered so as to resemble or pass for coin of a higher denoininiition. U. S. v. Hop- kins (D. C.) 26 Fed. 443: U. S. v. Bogart. 24 Fed. Cos. 118-Ei.—Counte1-feiter. In criminal law. One who unlawfully makes base coin in imitation of the true metal, or forges false currency, or any instrument of writing. bearing a likeness and simiiiturle to that which is lawful and genuine, with an intention of deceiving and im osing upon mankind. Thirman v. Matthews, 1 Stew. (Ala.) 33*}.

COUNTER-FESANCE. The act of forging.

COUNTERMAND. A change or revocation of orders, authority, or instructions pre viously lssued. It may be either express or implied, the former vihcre the order or 111- struction already given is explicitly annulled or recalled; the latter where the party's conduct is incompatible with the further continuance of the order or instruction, as where a new order is given inconsistent with the former order.

COUNTERPART. In conveyancing. The corresponding part of an instrument; a iliiplicate or copy. Where an instrument of ram eyance, as a lease. is executed in parts. that is, by having several copies or duplicates made and interchangeably executed, that which is executed by the gruntor is usually called the “orlginal," and the rest are “counterparts ;" although, where all the parties execute every part. this renders them all originals. 2 Bl. Comm. 296; Shep. Touch. 50. Roosevelt v. Smith. 17 Misc. Rep. 31'}. 40 N. Y. Supp. 331. Sec I7U'PLIC.AT|". —Gounterpnrt writ. A copy of the original writ, authoiized to be issued to another county

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COUNTRY

when the court has jurisdiction of the cause in reason of the fact that some of the defcnrliulls a.re_residcuts of the county or found therein White v. Lea, 9 Lea ('l‘eun.) 450.

COUNTERJPLEA. See PLEA.

COUNT]-ZR-ROLLS. In English law. The rolls which sheriffs have with the corn ners, conininlug particulars of their pro eeedings, us viell of appeals as of iniiuesis etc. 3 Edw. I. c. 10.

COUNTERSIGN. The signature of ii secretary or other subordinate officer to any writing signed by the principal or superior to vouch for the authenticity of it. Fifth Ave. Bank v Railroad C0,, 137 N. Y. 231 3 N. E 378, 19 L. R. A. 331, 33 Am Si. Rep 712; Gurnee v. Chicago. 40 I11. 161; People v. Brie. 43 Ilun (N. Y.) 326.

COUNTERVAIL. To counterbalanca;to

avail against with equal force or virtue; to compensate for, or serve as an equivalent 0' or substitute for. —Counte1-vnil livery. At common law, a re lease was a form of transfer of real estate where some right to it existed in one person but the actual possession was in another; and the poasession in such _case was said to "countervail livery." that is, it suppiied the place of and rend_ered unnecessary the open and notorious de- hvs-ry of possession required in other cases Miller v. Emans. 19 N. Y. 887.—CoIIntorva.iling equity. See EQUITY.

COUNTEZ. L. Fr. Count, or reckon. In old practice. A direction formerly given by the clerk or a court to the crier, after I1 jury was sworn, to mmibcr them‘, and which Blackstone says was given in his time. in good English, "count these." 4 Bl. Comm 340, note (u.)

COUNTORS. Advocates, or serjcants at law. is ham :1 man retains to defend his cause and spe.ik for him in court, for their fees. 1 Inst. 17.

COUNTRY. The portion of the earth's surface occupied by an independent nation or people; or the inhabitants of such territory.

In its primary meaning “country" signifies ' lac ‘" and. in a laigcr sense, the territory or doniinions occupied by a community; or even waste and unpeopled sections or regions of the earth. But its metaphorical meaning is no less definite and well understood; and in common parlance. in historical and geographical writings, in dlpiomacy. legislation. treaties, and in ternational codes, the word is employed to drnote the population, the nation, the state. or the government. having possession nnd dominion owr 8. tcriitory. , airs v. Peaslec. 1S Hon 5'21. 15 I1. Ev]. 47 ; U. S. v. Reirvrilel‘. 1 Blatchf. 218. 225, 5 N. Y. Leg. Obs. 236. Fed. Gas. No. 16,129.

In pleading and practice. The inhabit- ants of II district from which a jury is to he suumloned: pals; a jury. 3 R1. Comm. 349;

Steph. PL 73. 78, 230.