Page:Black's Law Dictionary (Second Edition).djvu/600

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IMMATERIAL

IMMATERIAL. Not material, essential, or necessary; not important or pertinent; not detlsiie.

—Iinm.aterinl ave:-menu‘. An avernient alleging with needless particularity or unnecessiiry eirciinistances what is materiai and necessary, and which might properly have been stated more generally, and viithoui: such circum- stances aiul particulars: or. in other words, a : itcl:nt-‘tit of unnecessary particulars in connertir--i with and as dt‘S(l‘lpfiVe of what is materials; Gould. Pl. c. 3. § 188: Pharr v. Bach- E ,

--a. Ala. 2-15; Green v. Paimer. 15 Cal. 410. TU Am. Dec. 492; Duniap v. Kelly. lllfl M0 Alp. 78 S \’V. (i(‘r'1—I:ninateria.l issue. a pleading. A_n issue taken on an im-

ni:iI.':-riai point: that is, a point not proper to gFt‘lt:9e01l.bE action. Sleph. Pl. 99. 130: 2 Tidd, r. .. .

IMMSEDIATE. 1. Present; at once; without delay; not deferred by any interval of time. In this sense, the word, without any very precise signification, denotes that action is or must be tfliiell either instantly or without, any considerable loss of time.

Immediately does not, in legal proceedings, necessarily lmport the exclusion of any inter- val of time. It is a word of no very definite signification, and is much in subjection to its grammatical connections. Howell v. Gaddis, 31 N. J. Law_ 313.

2. Not. separated in respect to place; not separated by the intervention of any intermediate object, cause, relation, or right. Tluis we speak of an action as prosecuted for the “immediate benefit" of A., of a devise as made to the “immediate issue" of B., etc.

—Iinmediate cause. The last of a series or chain of causes tending to a given resuit, and Wi.\l(‘ll, of itseif, and without the intervention of any further cause. directly produces the result or event. A cause may be immediate ln this sense, and yet not “‘proximiite:" and con- reiscly, the proximate cruise (that which di- rectiy and emcientlv brings about the resuit) miiv not be immediate. The familiar illustration is that of a drunken man falling into the water and drowning. Ilis intoxication is the proximate cause of his death, if it can be said that he wouid not have fnlien into the water when snhcr: but the immediate cause of death is siifforation by drowning. See Davis v. Standish. ‘Z6 Hun i\'. Y.), 615; D_cisi=nrieter


I’. Y \ierkei ]\faltin_2 Co.. 97 Wis. 27‘). 72 N‘. W_ Li. (‘nu-_ip'ire Longnhiiiigb r. Railroail ("o._ 9 i\ev 271. See. also. PlL(i\'I1(A'.l‘E.—Iln-

mediate descent. See DESCENT.

IMMI-1DIATfi.Y. "I_t is impossible to lav rlnwn snv hard and fast rule as to what is the meaning of the word ‘iiiiinetli.-1tely' in ali ("‘iSeS. The words ‘£orthulth' and ‘im- mediately’ have the same meaning. They are stronger than the expression ‘within a reasnniil-le time.’ and iniplv prompt. vigor- ous action, without any delnv, and whether there has been such action is a question of fact, having regard to the circumstances of the particular case." ("ocliburn. C. J., in Rear. v. Justices of Berkshire, 4 Q. B. Div. 471.

IMMEMORIAL. Beyond human mem- or_\ ; time out of mind.

—Immemoria1 possession. In Louisiana. Possession of which no man living has seen

592

IMMORAL

the beginning, and the existence of which he has learned from his elders. Civ. ode La. art. 7U2.—Iin:neino1-inl usage. A practice which has existed time out of mind, custom; gr rigtion. Miller v. Garlock, 8 Bari). (N.

.) 16') .

IMMEUBLES. Fr. These are, in French law, the immovables of English 14“. Things ure immcubles from any one of three causes: (1) From their own nature. e. y. lands nnil houses, (2) from their destination. e. g., animals nnd instruments of agriculture when supplied by the landlord; or (3) by the object to which they are annexed, e. g., easements. Brown.

IMZMIGB.A'1‘ION. The coming into a country of foreigners for purposes of permanent residence. The coirelatire term "einigration" denotes the act of such persons in leaving their former country.

IMMINENT DANGER. In relation to homicide in seli'—de[ense. this term means immediate danger, such as must be i.nstant- ly met, such as cannot be guarded against by calling for the assistance of others or

the protection of the law. U. S. v. Outer-~

bridge. 27 Fed. Cas. 390; State v. West, 45 La. Ann. 14, 12 South. 7; State v. Smith, 43 Or. 109. 71 Pac. 97 . Or, as otherwise defined, such an appearance of threatened and impending injury as would put a reasonable and prudent man to his instant defense. State v. Fontenot. 50 in Ann. 537, 23 South. 634. (39 Am. St. Rep. 4 Shorter v. People. 2 N. Y. 201, 51 Am. Dec. 286.

IJVHBSCERE. Lat. In the civil law. To mix or mingle with; to medi‘le pith; to join with. Calvin.

IMMI'l'l‘EI{E. Lat. In the civil law. To put or let into, as a heam into a wall. Calvin; Dig. 50, 17, 242, 1.

In old English law. To put cattle on a common. Fleta, lib. 4, c. 20, § 7.

Immobilin aituin leqrinntur. Immova- hie things follow their site or position; are governed by the law of the place where they are fixed 2 Kent. Comm. 67.

IMMOBILIS. Lat. Immorahle. Immo- bilia or res iiiimabiles. immovable things, such as lands and buildings. M.'icliel'd. Rom. Law, § 160.

IMMORAI... Contrary to good morals; inconsistent with the rules and principles of morality which regard men as living in ii community, and which nre necessary for the public welfare. order, and decency. —Immn:-al consideration. One contrary to good morais, ai:_id therefore invaiid. Contracts l-ased upon an immoral consideration are gen- Prally ioid.—Iin:noria.1 _cnntrncts. Cont1'act.'l £oiinde_d upon considerations ooiitm boiio: m.D‘l't:'a

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