Page:Black's Law Dictionary (Second Edition).djvu/616

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IN RE PROPRIA INIQUUM

to partnerships, ivhere one partner has a ri,-_:ht to withhold his assent to the acts of his copartner. 3 Kent, Comm. 45.

In re proprin iniquum aiimoduzn est alicni licentiam triliuere iiententiae. It is cxtremely unjust that any one should be JUIEE In his own cause.

In rellns znanifestis, ertut qni authoritntes lagiun allegat; quiz. per-spicne ve- 1'.i\ non aunt ptollnnda. In cl:-ar cases. he inlstrikes who cites legui authorities: for ob- vious truths are not to be proved. 5 Coiie, G'i'iz. Applied to cases too plain to require the support of authority: “because.” says the report, "lie who endeavors to prove them oi-scures them."

In relius qua: aunt fnvornbilia, animm, quamvie aunt damuniia. 1-elms, flat ali- qnando extensin stntuti. 10 Coke, 101. In things that are tnvorabie to the spirit, though injiiiious to things, an extension of a statute should sometimes be made.

IN REM. A technical term used to designate proceedings or actions instituted imrzinst tlm tlitizg, in contradistinction to per- Sniial actions iihich are said to be in perso- nam. See IN PersonalI.

It is true that. in a strict sense. a proceeding in rem. is one taken directly against prnperty, and has for its object the dispnitiun of prop- erty, without reference to the title of individn.-ii claimants: hut, in a larger and more generai sense the terms are applied to actions brtivnr-n parties, where the direct object is to reach and dispose of property owned by them, or of some interest therein. Such are cases commenced by attachment against the property of debtors, or instituted to partition real estate, foreclose a mortgage or enforce a iicn. So for as they affect property in this state, thev are substantially pm wedings in rem in the broader s use which we h-iii: mentioned. Pennoyer v. Nell 95 U. S. 734. 2-; L. Ed. 565.

—Qnasi in rem. A term sppiied to proceedings which are not strictly and purely in rem, but are bl"0ll,'!ilt against the defendant personali_v. though the rezii oiucct is to de-ii with particular property or subject property to the discbar_:e of claims -ssm-Lexi; for exanipie, for ign attacliment, or pxmu-dings tn tori ion a mort- gage, remove R i‘ond from title, or chi rt :1 partiiion. S-A Freeman v. Aidorson. 1.19 I. S. IQT. 7 Sup. Ct [(45, 30 L ilil. .72; Hill V.

Ilenry. 65 N. J. Eu. 150, 57 Atl. 535.

In ten actio est per quam 1-em nostrurn qua ab alio posiiidetur petimus, et semper ndversns eum est qui 1-cm possi- det. The action in rum is that by which we seei: our property iviiicli is pos <» :scd by annlber, and is always aeainst him iiho pos- Se‘ es the property. Dig. 44, 7, 25; Braet. fol. 102.

IN RENDER. A thing is said to ii: in remicr when it must be rendered or given by the tenant; as rent It is said to lie in przmder when it consists in the 1-igiit in the lord or oLher person to take something.

608

IN SOLIDUM

In republics maxime consex-Vanda aunt jura helli. In a state the laws of war are to be especially upheld. 2 Inst. 63

IN RERUM NATURA. In the nature of things; in the realm of actuality; in existence. In a dilatory plea, an aliegation that the plaintiff is not in rerum nature. is equiv- alent to sverring that the person named is flctitions. 3 Bl. Comm. 301. In the civil law the phrase is applied to things. Inst. 2, 20, 7.

In restitutionem, mm in poenam In-ere: snccedit. The heir succeeds to the restitution. not to the penalty. An heir may be conipeiled to make restitution of a sum um lawfully appropriated by the ancestor, but is not aiisiverallle criminally, as for a penalty. 2 Inst. 198.

In restitntionibn benignissima interpretatin fncieniia. est. C0. Litt. 112. The most benignant interpretation is to be made in restitntions.

In siztisfsctinnibns non permittitnr amplinl fie:-I qmun semel factum est. In payments. more must not be received than has been received once for all. 9 Coke, 5'1

IN SCRINIO JUDICIS. In the wilting- case of the judge; auiong the jiiriges pn- pers. "That is a thing that rests in s(-risio judidv, and does not appear in the horly or the decree." Haulr. 51.

IN SEPARALI. In several: in several- ty. Fleta, lib. 2, c. 54, § 20.

IN SIIVIILI MATERIA. Dealing with the same or a kindred subject-mutter.

IN SIMPLICI PEREGEINATIONE. In simple pilgrimage. Bract fol. 335. A

phrase in the old law of emoins. See in GENERALI Passaoro. IN SOLIDO. In the clvil law. For the

whole; as a whole. An obltrzation in salih is one where each of the several obligors is liable for the whole; that is. it is joint and several. Heutlerson v. Wadsworth. 115 U. S. 264. 6 Sup. Ct 140, 29 L. Ed. 377. Possession in solldw/L is exclusive possession.

When several persons obiigate fl.lElHhrlVES to the dbiigee by the terms "in solldo," or use any other expressions which clriiriy show that they intend that each one shnii be separately bound to perform the while of the obligation, it is called an “oiiiigaition in solldo" on the part of the obiigors. Civ. Code La. art. 2082.

IN SOLLDUM. For the whole. Si plures sin! fidejussvrcs. qiwtquot crun: im-

mcro, siziyuli in saliilum tom:-ntur, if there