Page:Black's Law Dictionary (Second Edition).djvu/634

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


INHIBITION. In ecclesiastical law. A nrit issuing from a superior ecclesiastical court, forbidding an inferior judge to proceed further in a cause pending before him. in this sense it is closely analogous to the nrit of p1-oliilzition at common law.

Also the command of a bishop or ecclesiastical jutire that a clergyman shall cease from taking any duty.

In Scotch law. A species of diligence or process by which a debtor is prohibited from contracting any debt which may become a burden on his herimhie property, in competition wll'h the creditor at whose inslauce the inhibition is taken out; and from granting any deed of alienation. etc., to the prejudice of the creditor. Brande.

In the civil law. A prohlhltion which the law makes or a judge ordains to an indi- vidual. Hnlllfax. Civil Law, p. 126. —In}nibition against a wife. In Scotch law. A writ in the sovereigns name, passing the signct, which prohibits all and sundry from having transactions with a wife or giving her credit. Bell: Ersk. Inst. 1. 6, 26.

INHOC. In old records. A nook or carner of a common or fallow field, lnclosed and cultivated. Kennett, Par. Antiq. 207, 298: Cowell.

INHONESTUS. Fnseemly; not in due order. K‘. 31, § 8.

in old English law. Fleta, ill). 1.,

INHUMAN TREATMENT. In the law of divorce. Such barbarous cruelty or se- xerlty as endangers the life or health of the party to whom it is addressed, or creates a u ell-founded apprehension of such danger. Whulcy v. Whaley, 68 Iowa, 647, 27 N. W. 80!); Wells v. Wells. 116 Iowa. .39, 159 N. W. 98; Cole v. Cole. 23 Iowa, 433; Evans V. Evans, 82 Iowa. 462, 43 N. W. 809. The phrase commonly employed in statutes is “cruel and inhumtm treahuent," from which it may he inferred that “inhumanity” is an extreme or aggravated "cruelty.”


Iniqnissimn. pa: est nntepnnenda justissixuo hello. The most unjust peace is to he preferred to the justest war. Root V. Stuyvesant, 18 Wend (N. Y.) 257. 305.

IITIQUITY. In Scotch practice. A tech- nical expression applied to the decision of an inferior judge who has decided contrary to law; he is said to have committed iniquity. Bell.

Iniqunm est alios pox-mittere. nlins inhibere mercatux-am. it is inequitable to permit some to trade and to prohibit others. 3 Inst. 181.

Iniqnnm cat aliqnem rei sui ease ju-

dioem. It is wrong for a man to be a judge in his own cause. Brunch, Prlnc.; 12 Coke, I13.



Iniqulun est ingennis hnminibus non ease liberani re:-urn sun:-um alienationem. It is nnjust that freemen should not have the free disposal of their own property. Co. Litt. 223m; 4 Kent, Comm. 131; Hob. 87.

INITIAL. That which hegins or stands at the hegluning. The first letter of a man‘: name. See Elbe:-son v. Richards, 42 N. J. Law. 70.

—Initia.l can-iex-. In the law of bailments. The carrier who first receives the goods and begins the process of their transportation, afterwards delivering them to another carrier for the further prosecution or completion of their journey. See Beard 17. Railway Co._ 79 Iowa. 527. 44 N. W. 803.

INITIALIA TESTIMONII. In Scotch law. Preliminaries of testimony. The pre- liminary examination of a witness, before examining him in chief, answering to the voir dire of the English law, thongh takm a somewhat wider range. Wharton.

I N I T I A T E. Commenced; inchoate. Curtesy initiate is the interest which a hus- band has in the wife's lauds after a child is born who may inherit, but before the wife dies.

INITIATIVE. In French law. The name given to the important prerogative con- ferred by the clmrte corlslituiio-mzrllc, :1rl_'lcle 16. on the late king to propose through his ministers projects of laws. 1 Toullier, no. 39.

INJUNCTION. A prohihitlvc Writ lssued by a court of equity, at the suit of a party complainant, directed to a party defendant in the action, or to a party made a defendant for that purpose, forbidding the latter to do some act, or to permit his serr- ants or agents to do some not, which he is threatening or attempting to commit, or lestraiuing him in the continuance thereof. such act being unjust and inequitable, iu- jurious to the plaintiff, and not such as can he adequately redresserl by an action at 1:“. U. S. v. Ilaggerty (C. C.) 116 Fed. 515; Du- pre v. Anderson, 45 La. Ann. 1134 13 South. 743: City of Alma v. Loehr, 42 Kan. 5:53, 22 Pac. 424.

An injunction is a writ or order requiring ii person to refrain from a particular act. It may be granted by the court in which the action la brought, or by a judge thereof, and when made by a judge it may he enforced as an order of the court. Code Civ. Proc. Cal. § 52:1.

—I’inal injunction. A final injunction is one granted when the rights of the politics are determined; it may be made mandatory. (com- manding acts to be done.) and is distinrmishcd from a preluninary injunction. Vlhi(.‘i.l is con- fined to the purpose and office of simple prevention or restraining. Southern Pee. R o v Oakland (0. C.) 58 Fed. 54.—-lvlandntnry in- junction. One which Fl) commands the dc-

fendant to do some positive act or particular