Page:Black's Law Dictionary (Second Edition).djvu/55

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AFFIDAVIT 47 5.106. (T2 Am. St. Rep. 385; Hays v. Loomls. Cl Ili. 13.

An aflidavit is a written declaration under oath, made ivitiiout notice to the adverse party. (‘ode Cir. Proc. Gal. § 2003: e Civ. Proc. Dali. § 46-}.

An itlhdzvit is an oath in writing, sworn before and attested by him nbo hath authoriLV lo mlininister the same. Knapp v. Dncio, 1 Mini. N. P. 189.

.-\n nflidavit is always taken ea: parts, and

in this respect it is distinguished from :1 depo- SIHDIJ, the mutter of which is elicited by questions, and Wi’Il(‘iJ a.lIords an opportnnigv for C11!!! exiiminntion. In re Litcr's Estate. 19 Mont. 474, -1.3 I'=ic. 753. —Afli1avit of defense. An aflidavit stating that the defendant has a good defense to the plaintiff‘: nction on the merits of the case.- Aflidnvit of merits. One setting forth that the defend.-iiit has a meritorious defense (sub- siautiiii and not tecbniqil) and stating the inr-ts constituting the same. Pnimer v. Rogers. ‘in Invni, 381. 30 N. W. 6-i5.—Aflida_w-it of service. An allidavit intended to certiiy the Sl‘l‘Vll‘C of a writ. notice, or other document.- Aflidnvit to hold to bail. An nffirhivit made to procure the arrest of the defendiint in a civil action.

AFFILARE. L. Lat. To file or nflile. Afiiletur, let it be fiied 8 Coke. 160. De irecordn Li/filalum, athled of record 2 Ld. Rayon. 1476.

AFFILE. A term employed in old practlce. sigiurying to put on tile. 2 Manic 8: S. ‘:02, In modern usage it is contracted to fili-‘.

AFFILIATION. The fixing any one with the paternity of I) bastard child, and the (|l_|U¥.IIi0IJ to inziinbiin it.

In French law. A species of adoption nbich exists by custom in some 1)-irts of i-‘iance. The person afliliated succeeded cqrniiy with other heirs to the property ac- quired by the deceased to whom he had been alhiiutcrl, but not to that which he inherited. ii(|llyiPl'.

In ecclesiastical law. A condition WiJlCiJ prevented the superior from removing the person atliiiuted to another convent. Guyot, Ilepert.

AFFINAGE.}} A refining of metals. Blonnt.

AFFINES. In the civil law. Connections by in-.iii-inge, whether of the persons or their rchtlvea C-.iivin.

Neighbors, who own or occupy adjoining lauds. Dig. 10. 1. 12.

Aflinil niel nfinis non est lnihi af- iinis. One who is related by marriage to a person related to me by marriage has no iimnlty to me. Shelf. Mar. & Dlv. 174.

AFFINITAS. Lat. In the civil law. Affinity; relntionship by marriage. Inst. 1, I0, 6.

—-Afli.n1_tnn alnitatis. Remote relationship by marriage. That connection between parties

AFFIRM ANCE

arising from marriage which is neither consan- guinity nor nflinily. Chinn v. State, 47 Ohio St. 575. 26 N. E. 986, 11 L. R. A. 630.

AI'Fl'NI'l'Y. At common law. Relationship by mnrriage between the husband and the blood reizltioiis of the wife, and be tween the wife and the hlood relations of the husband. 1 Bl. Comm. 434; Salinger v. Earle, 45 N. Y. Super. Ct. 80; Tegarden v. Phillips (Ind. App.) 39 N. E. 212.

Aflinity ls distingiiished into three kinds: (1) Direct, or that subsisting between the husband and his wife's relarioiis by blood, or ilLtW(‘l‘l.l the wife and the hushi.ind's relations by lvluud: (2) seconrlm-u, or that which siihsists betwcuu t.be husband and his wife's rein!-ions by marriage: (3') callatrml, or that which snbsists bc tvwcn the busbiind and the relations of his wife's relations. W'hnrton.

In the civil law. The connection which arises by niarriage between l-Eillli person of the married pair and the laimli-ed of the other. Mnckeld. Rom. Law. § 147: Per dnis v. Livingston, 5 hi irt. 0. S. (Lii.) 297 A husband is related by infinity to nil the caiismimiinn of his wife, and wire 7:ci-sa, the wife to the husband's consaw/m'iiri; for the hiislvaiid and wife being considered one flesh, those who are related to the one by binod are related to the other by nlfinity. Gih. God. 412; 1 Bl. Comm. 435.

In 21 larger sense. consitngalnlty or hindred Co. Litt. 1570..

—Qunsi afinity. In the civil law. The affinity Vl'blL'iJ exists between two persons, one

of whom has been betrothed to a kinsnmn us‘ the other, but who have never been married.

AITIRM. To ratify, make firm, confirm. estnbiish, renssert.

To l'.ltlf,V or confirm a former law or judgment. Cowell.

in the practice of appellate courts. to a/fii m a judgment. detree, or order. is to decinre that it is valid- and right. iiid must stand as rendered below ; to riitify and rcassert IL; to concur in its correctness and confirm Its 8111- cncy.

In pleading. To allege or aver a matter of fact; to state it alliunatively; the opposite of tl(‘flll or trtwcrsc.

In practice. To inzike aflirinatinn; to make a solemn nnd formal (leclnrntion or as— severntion that an zilfidavit is true, th:it the witness will tell the truth. etc., this being substituted for an oath in certain cases. Also, to give testimony on zilfirmation.

In the law of contracts. A party is said to afiirm a contract, the same being voidnlvle at his election, when he ratifies and accepts it, waives his right to annui it, and proceeils under it as if it had been valid orlfinally.

AFFIRMANCE. In practice. The con- firming, or ratifying a former law, or judgment. Cowell; Blonnt.

The confirmation and ratification by an an-

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