Page:Black's Law Dictionary (Second Edition).djvu/306

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CREDITOR

debtor has his domicile or his propei'ty.—Genex-al creditor. creditor at large Ixiipra). or one who has no iicn or security for the piiyiuent of his debt or claim. ixing v. Fraser, 23 S. U. 343: Wolcott v. . felter. 5 N. M. 442, 23 Pac 790. B L. R. . b'91.—Joint creditors. I’orL-'ons jointly entitled to require satisfaction of the same debt or demand.—Judg~inent creditor. One who has olitiiined a judgment against his det-tor. under which he can enforce execution. King v. Fraser, 23 S. C. 548: Baxter v. illoses, "7 Me. 463, 1 At]. 3:’ "° Am. Rep. 783: Code Cir. Proc. N. Y. 1 J . § 33-l3.—Junior creditor. One whose claim or demand )‘|C('|'llr‘fl iii a date later than that or a claim or demand held by another cierlimr, who is called CGITK-)i€lliVEi_V Ll.\e “senior" creditor. —Lien creditor. See LIEN.—P1'ef(:1'l'efl creditor. See I’nni<"Enui«:n.—Prlncipal cred- itor. One whose claim or demand very great- ly ex('Pl=lia the (laims of all other creditors in amount is sometimes so called. See In re Suliivan's llsuite, 25 Wa<ll. 4730. 05 Pac. 7‘7.'i.—— Secured creditor. See Sncunnn.—Subse- quent creditor. One “hose ciaiiri or tlrmand accrued or mine into existence after a given fact or transaction, such as the recording of a deed or mortgage or the execution of a voluntary conveyance. McGhce v. Wells S. G. 280. 35 S. 17}. 5'39. 76 Am. St. Rep. 51): , Evans V. Lewis. 30 Ohio St. ‘l4.—Warrant creditor.

A creditor of a n1uni(‘i]I8i Cu|'])lIllIIi()l.l Ln uh:-in is given a municipal narrniit [or the Dill0'|'llJ| of his claim. beraiisn tliore are no funds in hand to pay it Jnhnson v. New Orleans, 46 In. Ami. 714, 15 South. 100.

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CREDITORS’ BILL. In English practire. A bill in equity, filed by one or more creditors, for an account of the assets of a decadent, and a legal settlement and distribution of his estate among themselves and such other creditors as may conic in under the decree.

In American practice. A prov:ee(1l.ng to enforce the secuiity of i1 judgment creditor against the property or interests of his debt- or. This action prot-eeils upon the theory that the judgment is in the nature of E lien. such as niav be enforced in equity. Hudson V. W'0(\d (C. C.) 119 Fed T Fink v. Putterson (C. C.) 21 Fed. (‘.02. Gould v. Torrance. 19 How. Piac (N. Y.) 560; McCart- ney v. Bostu-iclr. 32 N Y. 57.

A creditors’ hill. strictly, is a bill by which a creditor seeks to satisfy his (leiit out of some equitable estate of the defend- ant, which is not liable to levy and sale under an execution at law. But there is aiiotlier sort of o creditors‘ hill. very nearly allied to the former, by means of which :1 party seeks to remove a fraudulent convey- ance out of the way of his execution. But a naked hill to set aside a fraudulent need, which seeks no discovery of any property. those in action, or other thin: alleged to i)e'i0l\,'..' to the defendant, and which ought to he sulijected to the payment of the judgment, is not a creditors’ bill. Newman v. Willetts, 52 ill. 98.


Credltornm nppellatione non 111 tontluii itccipillntur qui pecuniam cred:ider- unt, sed omnes qnlbus ex qualibet cansn debetur. Under the head of "creulltois" are included. not alone those who have lent mon-

298

CREW

ey, but all to whom from any cause a debt is owing. Dig. 50, 16, 11.

CREDITRIX. A female creditor.

CREEK. In maritime law. Such little inlets of the sea, whetlicr witliiu the precinct or extent of a port or without, as are narrow passages, and have shore on either side of them. Cali. Sen. .

A small stream iess than a river. Baker V. City of Boston, 12 Pick. 184, 22 Am. Dec 421.

The term imports a recess, cove, bay. or inlet in the shore of a river, and not a separate or independent stieim; though it is sometimes used in the latter meaning. Schei-niei-horn v. Railroad Co., 38 N. Y. 103.

CREMENTUM COMITATGS. The icnrease of a county The sheriffs of counties anciently answered in their accounts for the improvement of the kin.‘."s rents, above the visconticl rents. under this title.

CREPARE OCULUM. In Saxon law. To put out an eye; which had a pecuniary punishment or fifty shillings annexed to it

CREPUSCULUM. Twilight. In the law of burglary, this term means the presence of sufficient light to discern the face of a man: such light as exists immediately before thu rising of the sun or directly after its setting

Crescente mnlitifi. crescere debet at puena. 2 Inst. 47!). Vice increasing, pun- ishment ought also to increase.

CREST. A term used in heraldry; it signifies the devlces set over a coat of arms

CRETINISM. In medical jurisprudence A form of imperfect or arrested uiuntsi development, which may amount to idiocy, with physical degeneracy or deformity or lack of development; endemic in Switzerland and some other parts of Europe, but the teiin is applied to similar states occurring else- where.

CRETINUS. In old records. A sudden stream or torrent: a rising or inundation.

CRETIO.}} Lat. In the civil law. A certain number of days ailowed an heir to de- liberate whether he would take the inherit ance or not. Calvin.

CREW. The aggregate of seamen who man a ship or vessel, including the master and oillcers; or it may mean the ship's company, exclusive of the master, or exclusive of the master and all other officers. See U. S. v. Win, 3 Sl.I.i11I|. 209. 28 Fed. Cas. 733; Millandon v. Martin, 6 R0ll. (UL) 540; U. S. v. Iluii (C. C.) 13 Fed. 630.

—Crew list. In maritime law. A list of the crew of a vessel: one of a ship's papers. ’l'lii.-

instruuicnt is required by act of congress, am: