Page:Black's Law Dictionary (Second Edition).djvu/603

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IMPERTINENCE

I 266; Harrison v. Peron, 168 U. S. 311, 18 Sup. Ct. 129. 42 L Ed. 473.

In prnetioe. A question propounded to a witness, or evidence ofilered or sought to be elicited. is called "impertinent" when it has no logicai bearing upon the issue. is not necessariiy connected with it, or does not belong to the matter in hand. On the distinction between pertinency and relevancy, we may quote the following remark of Dr. Wliarton: “Relevancy is that which conduces to the proof of a pertinent hypothesis; 1; pertinent hypothesis being one which, if sustained, would logically influence the issue." 1 Whart. Ev. 5 20.

IMPERTINENT. In equity pleading. That which does not beiong to a pleading. interrogatury, or other proceeding; out of place; superfluous; irrelevnnL

At law. A term applied to matter not necessary to constitute the cause of action or ground of defense. Cowp. SS3: 5 East, 275; Tucker v. Randall. 2 Mi'lSS. 233. It constitutes surplusage, (which see.)

IDEESCARE. In old records. To impeach or accuse. Impescatus, impeached Bionnt.

IMPETITIO VAST]. waste, (a. 1:.)

Impeachment of

IMPETRARE. In old English practice. To obtain by request, as a writ or privilege. Br.-Act. fois. 57, 17211. This appiication of the word seems to be derived from the civil law. Caivin.

HVIPETRATION. In old English law The obtaining anything by petition or entreaty. Partiriilnriy, the obtaining of a benefice from Rome by soliciuition, which beneiice belonged to the disposal of the king or other lay patron. Webster; Cowell.

IMPIER. Umpire. (q. 7;.)

IMPIERMIIJNT. impairing or prejudicing. Jacob.

I1\n3IGN0RA‘I‘A. Pledged; given in

pleilge, (piynori r1u.t(l;) mortgaged. A term applied in Bracton to land. Bract. fol. 20.

IMPIGNORATION. ing or putting to pledge.

The act of Dawn-

Impiu: et orudslis jndioandnn est qni libertati non favet. He is to be judged lmpious and cruel who does not favor liberty. Co. Lltt. 124.

IMPLACITARE. SUE.

Lat. To iniplead: to

595

IMPLIED

IMPLEAD. In practice. To sue or prosecute by due course of law. People v. Clarke, 9 N. Y. 368.

IMPLEADED. Sued or prosecuted; nsed particularly in the titles of causes where there are several defendants; as "A. B.. impleaded with C. D."

IMPLEMENTS. Such things as are used or employed for a trade, or furniture of a house. Coolidge v. Choate. 11 Metc. (.\-lass.) 82.

Wlmtever may suppiy Wants ; particularly applied to tools, utensiis, vessels, instruments of iabor; as, the implements of trade or of husbandry. Goddard v. Chaflee, 2 Allen (Mass.) 395, 79 Am. Dec. 796; Sallee v. Waters. 17 Ala. 486; Rayner v. Wiiicher. 6 Allen (Mass.) 294; In re Slade’: Estate, 122 Cal. 434. 55 Pac. 158.

IMPLICATA. A term used in mercantile law, derived from the Italian. In order to avoid the ‘risk of making fruitless voyages, merchants have been in the habit of receivin]; small adventures, on freight, at so much per cent.. to which they are entitied at all events eien if the adventure he lost; and this is called “impli'crmi." Wharton.

IMPLICATION. lutenflment or inference. hs distinguished from the actual expression of a thing in words. In a will, an estate may pass by more implicai-v‘.an, without any express words to direct its course. 2 Bl. Comm. 358].

An inference of something not directly declnrevl, but arising from what is admitted or exllressed.

ln construing a will conjecture must not be taken for implication; but necessary implication niesns. not l:l:ltlll‘fi_l necessity, _but so strong I: probability of intention that an intention contrarv tn iliat V\l.1l(‘lI is imputed to tho testator cannot be supposed. 1 Ves. S: B. 466.

“Implication" is also used in the sense of “inference ;" c‘. e._ where the existence of an intention is inferred from acts not done for the soie purpose of communicating it, but for some other purpose Sweet.

—Necessax-y implication. in construing a J will. necessary implication means not natural neu-ssity, but _so strong a probability of intcn . on flint an intention contrary to that which is imputed to the tesliilor ciinnnt be supposed. Will:inson v. Adam, 1 Yes. & l). 4131:; Gilbert V. Craddncls, GT lxsn. 3-10. 72 Pat‘. 809: \\ bit- field v. Gan-is, 134 N. c. 24, 45 s. E. 904. K

IMPLIED. This word is used in law as contrasted with “express:" l. e., where the intention in regard to the suliject-nintter is not manifested by explicit and direct words, but is gntliered by i.uipllc:‘ition or necessary I. deduction from the circuiiistaiices, the gen-

_ ei'.ii language, or the conduct of the parties.

As to implied “Ahrogation," “Agreemeut," “Assumpsit," "Condition," "Confession,"

“Consent," “Consiiieriitiun/' "Contract," M