Page:Black's Law Dictionary (Second Edition).djvu/613

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or refuses to return the thing loaned at the proper time is said to be in mam. Story, Bnilm. §§ 254, 259.

In scotch law. A creditor who has he gun without completing diligence necessary for attaching the p1'0pe1'ty of his debtor is said to be in mom. Bell.

IN MORTUA MANII. Property owned by religious societies was said to be held in nmrtrm murm, or in mortmain. since rcl.igionsmen were cifilliermantui. IBL Comm. 4?‘); Tayi Gloss.

IN NOMINE DEI. AMEN. In the name of God, linen A solemn int1'oducli0n. ucnicntly used in wilis and many other instru- ments. The transiation is often used in wills I11: the Present day.

IN’ NOTIS. In the notes.

In new) casn. novum 1-emedinm appo- nendnm est. 2 Inst. 3. A new remedy is to be nppiied to a new case.

IN NUBIBIIS. In the ciouds; in nbey- unce; in custody of law. In nubibus, in more, in term, tel 51:. cuxtozlm logic. in the air, sea, or earth, or In the custody of the law. Tuyl. Glass. in case of abeyance, the inheritance is figuratively said to rest in nu- bibus, or in grcmio legis.

IN NULLIUS BONIS. Among the goods or property of no person; belonging to no person, as treasure-trove and wreck were nnciently considered.

IN NULLO EST ERRATIHVI. In nothing is there error. The name of the common plea or joinder in error, denying the exist~ enee of error in the record or proceedings: which is in the nature of a demurrer, and at once refers the matter of law arising thereon to the judgment of the court. 2 Tidd, Pr. 1173; Booth v. Com., 7 Meta. (Muss) 285, 287.

In obscnr-a volnntate mannmittentis, fnvendum est liliertati. Where the expression of the will of one who seeks to mannmit a slave is ambiguous, liberty is to be favored. Dig. 50. 17. 170.

In obscnrls. inspici sole:-e quod veri- similins est, ant quod plex-umqne fie:-I Inlet. In obscure cases, we usually look at What is most probable, or what most com- monly happens. Dig. 50, 17. 114.

In obsclu-in, quad minimum est: sequimnr. In obscure or doubtful cases, we follow that which is the least. Dig. 50, 17, 9; 2 Kent, Comm. 557.

IN ODIUM SPOLIATORIS. of a despoiler, rubber, or wrong deer.

In hatred The



Saratoga, 1 Gail. 174. Fed. Cns. No. 12,355; Arthur v. The Cassius. 2 Story, 99, Fed. (us. No. 504. 1 Green]. Ev. § 348.

In odium spnliator-is nmnin. px'msIlmnntnr. To the prejudice (in condemnation) of 21 despoiler nli things are presumed: every presumption is made against a wrongdoer. 1 Vern. 43’.

In omni actions Ilbi duaa concur:-unt districtiones. videlioet, in 1-em et in personsm, ills dist:-ictiu tenenrla. est qnm ma,--is timetnr et magi: ligat. In every action where two distresses concur. that is, in rem nnd in pcrszmum. that [S to be chosen which is most drcaderl, and which binds most firmly. Bracr. £01. 372; Ficta, l. 6, c. 14, § 28.

In omni re nnscitur res qua ipsam rem exterminat. In everyflling there nrisms a thing which destroys the thing itself. Everything contains the element of its own destruction. 2 Inst. 15.

IN OMNIBUS. In all things; On all points. “A cuse paraliel in anuu'lms.” 10 Mod. 104.

In omnibus cont:-actibns, sive nomi- natis slve innaminatis, permutatio continetnr. In all contracts. Whether nominate or Lnnominate, an exchange [of value, 1'-. e.. a consideration] is implied Gravin. lib. 2, § 12; 2 Bl. Comm. 444. note.

In omnibus ohligationibnl in qnibus dies non pnnitur-, pr-zsenti die dehetnr. In ail obligations in Wll1(.'l] a date is not put. the debt is due on the present day; the liability accrues immedinteiy. Dig. 50, 17, 14.

In nmnillnl [fete] pmnalihus judiciis, at what! at lmprudentire snceurritnr. in nearly all penal judgments, immaturity nf age and imbecility of mind are favored. Dig. 50. 17. 108: Broom. Max. 314.

In omnibus qnidem, mnxime tamen in jnre, mquitns speotanda sit. In all things. but especially in law, equity is to be regarded. Dig. 50, 17, 99; Story, Baxlm. 5 257.


IN PACATO SOLO. is at peace.

In a country which

IN PACE DEI ET REGIS. In the pens K of God and the king. Fletn. lib. 1. c. 31. § 6 Formai words In old appeals of murder.

IN PAIS. This phrase, as applied to a iegal transaction, primarily means that it L has taken place without legal proceedings. Thus a widow was said to make a request in pais for her dower when she simply applied to the heir without issuing a writ. (Co. Iitt. 321).) So conveyances are divided intn

those by matter of record and those by mnt— M