Page:Black's Law Dictionary (Second Edition).djvu/454

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EVENT 446 EVIDENCE as 21 gratuity or encouragement. Kennett. In a more popular sense, the term denotes Gigss. turning a tenant or land out of possession. either by reentry or by legal proceedings.

EVENT. In reference to Judicial and such as an action or ejectment. Sweet.

quasi judicial proceedings, the "event" means the conclusion. end, or final outcome or result of a litigation: as. In the phrase "abide the event," speaking of costs or or an agreement that one suit shall he governed by the dclerniintition in another. Reeies v. lilo- Uregur, 9 idol. & El 5 »; I3euj.iniin v. Ver Nooy. 168‘ N. Y. 578. 61 N. E. ‘J71; Cum- merciai [ nion Assur. Co. v. Scammon, 35 Ill App. 6130.

Eventus ext 11111 ex cnnsii aeqnitur; et dicitnr eventnn qnia ex canals evenit. 9 Coke. 81. An eient is that which toiiovis from the cause, and is called an "event" because it eveiitllntes from causes

Evcntns vmios 1-es nova lemper ha.- liet. Co. Lilt. 3T9. A new matter always produces various events.

EVERY. Each one of all: the term icnludes all the Hepurate lnd.n idunis who cou- stitute the whole. rc:;.ii-deii one by one. Geiiry v. Pariicr. 65 Ark. 521, 47 W. 238: l'uri1y v. People. 4 Hill (N. Y.) -.113.

Every man molt be taken to contemplate the probable consequences of the act he does. Lord Eiieiiboroiigh. 9 East. 277. A fundamental maxim in the law of evidence. Best. Pres. § 16; 1 Phil. Ev 444.

EVES-DROPPERS. PERS.

See EAVES-DBOP-

EVICT. In the clvll law. To recover anything from a person by virtue of tile judgment of a court or judicial sentence.

At common law. To dlspossess, or turn out of the possession of lands by process of law. Also to recover land by judgment at law. "If the land is L‘l.‘l'(J€tl, no rent shall be paid." 10 Coke. 12811..

IJVIGTION. Disposscssion by process of law; the uct or depriving a person of the possession of lands which he hns held. in pursuance of the judgment of a court. Reasouer v. Edmundson. 5 int]. 395; Coivdrey v. Colt. 44. N. Y. 392. 4 Am. Rep. (590; Home Life Ins. Co. v. Sherman. 46 N. Y. 372.

Technically, the disiiossession must be by judgment of law: if otherwise. it la an ouster.

E\iction implies an entry under paramount titlc. so as to intelfere with the rights of the grantee. The ohjcct of the purty lII:Il(lrl!._’ the entry is immaterial, whether it be to tnhe all or a part of the land itself or merely an incorport-=il fight. Phrases equivalent in meaning are “ouster by paramount title." “entry and disturbance." “possession under an elder title." and the like. Mitchell v. Warner. 5 Conn. 497.

Eviction is an actual emulsion of the out of all or some part of the dE!l'lllS('Kl preui es Pendieton v. Dyelt. 4 Cow. (N. Y.) 681. 5S5.


By a loose extension, the term is some times applied to the ousting or‘ a person from the possession of clinrtels; hut. prop- erly. it applies only to realty.

In the civil law. The ah.induui.nent which one is obliged to make of a thing. in pursuance of a sentence by which he is L0|l- detnned to do so. Poth. Contr. Sale pt. 2, c. 1. 5 2. art. 1. no. 83. The abcuidcniiient which a buyer is L'0llIi)€l.le(1 to male of a thing purchased. in pursuance of a judicial sentence

Eviction is the loss suffered by the Inner of the totality of the thing sold, or of a part thereof. occasioned by the rigiit or claims of 1:. third person. Civil Code La. art. 2500. —Aotual eviction is an actual expulsinn of the tenant out of all or some part of the do ' - ed premises; a physical ouster or di-.-poss from the very tiiing granted or some su (hereof. Knotls v. \lCGl‘l‘2'U|‘ 4 S. E. 599: Taibott E .h. lofi . N. 13}. S57: Seigel v. i\‘e:iI'Y. 33 Misc. Rap. .37. 77 N. Y. Supp. S54.—Gonstz-nctive eviction, as the term is used willi r4-[erente to iirciicb of the covenants of wnrinnty and 0| quiet enjoyment, means the iuniiility of the pur- chaser to obtain possession by reason of :1 pam- niount outstanding titic Fritz v. Puscy. 31 Minn. 368. 18 N W. 94. Wlth reference to the relation of landlord and tenant, there is l “constructive eviction" when the former, without intcnt to oust the iattt-r_ docs some act which deprives the tenant of the hencficial en- joy nt of the dcniiscd premises or lJ‘hllPl'llIll_V im rs such enjoyment. Really Co. v. Fuller. 33 Misc. Rep. 109. 67 N. Y. Supp. ]-16: Talbot! V. English. 156 Ind. 299. 59 N. E. 557.

F

EVIDENCE. Any species of proof, or probative mutter. legally presemtad at the trial of an issue, by the act of the --nities and through the medium of witness records. documents. concrete oiijects. ett-., for the purpose of inducim belief in the minds of the court or jury as to their contention Hotchkiss v. Newton. 10 Ga. 567; Slate v. Thomas. 50 La. Ann. 148. 23 Suiuii. 250; Cool: v. New Duriuim. 01 N. H. 419. 13 At]. 650: Kring v. Missoiiri. 10!? I S. ‘.7 l. 2 Sup. Ct 443. 27 L. Ed. 506: O'Brien v. Sum- 69 Neb. 601. 96 N. W. 650: Iluiilieii v. U S.. 15 Ct. Cl. "06; hlcWlliinms v. Rnd_<.'ers. 56 Ala. 93.

The vim-d “evidence.” in legal acceptation. icnludes all [be means by which any aliutzcd m'it~ ter of fart, the truth of uliich is subinitrvd to investigation. is cslalilishcd or disprovcd. 1 Greenl. Ev. 4-. 1. . _

That which is lr~_g-iii_v submitted to 2: Jury. to enable them to decide upon the questions |ll dispute or issue, as pointed out by the plc-iidin:. and distinguished from all comm:-nt anil argu- ment. is termed "evidence." 1 Starlile. Ev. pt.

1.

Synonym: dilstingifshed. The term “e — deuce" is to be carefully distinguislied from its synonyrns "proof’ and "testimony" "Proof" is the iogically sulficient reason for a outing to the truth of a pioposltion sidianr-ed. In its

juridical sense it is a lerrn of wide import, and