Page:Black's Law Dictionary (Second Edition).djvu/66

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ALIENEE 58 ALIUD EST CELARE  

ALIENEE. One to whom an alienation, conveyance, or transfer or property is made.

ALIENI GENERIS. Lat. Of another kind. 3 P. Wms. 247.

ALIEN): JIIRIS. lat. Under the control, or subject to the authority, of another person: e. g., an infant who is under the authority of his father or guardian; a wife under the power of her husband. The term is contrasted with SUI Juars, (q. u.)

ALIENIGENA. One of foreign birth; an alien. 7 Cake. 31.

ALI!-INISM. The state, condition, or character at an alien. 2 Kent, Comm. 56, 64, 69.

ALI]-INOR. He who makes a grant, transfer or title, conveyance, or alienation.

ALIENUS. Lat Another's; belonging to another; the property of another. Alzenus homo, another's man, or slave Inst. 4, 3, pr. Aliena res, another's property. Bract. I01. 131).

ALIMENT. in Scotch law. To maintain, support, provide for; to provide with necessaries. As a noun, maintenance, support: an allowance from the husband's estate

for the support or the wife. Paters. Comp. §§ 845, 850, 893. ALIMENTA. Lat. In the civil law.

Aliments; means of support, including food, (oibm-ia_.) clothing, (1:estiiu.s,) and habitation, (lmbitatim) Dig. 34, 1, 6.

ALIMONY. The allowance made to a wire out of her husband's estate for her support, either during a matrimonial suit, or at its termination, when she proves herself entitled to a separate maintenance, and the fact of a marriage is established.

Alimony is an nliowance out of the has- band's estate. made for the support of the wi.fe'when living separate from him. It is either temporary or permanent. Code Ga. lB82, § 1736.

The allowance which is made by order 01.‘ court to a woman for her support out of her husband's estate, upon being separated from him by divorce, or pending a suit for di- vorce. Pub. St. Mass. 1892, p. 1287. And see Bowman v. Worthington, 24 Ark. 522; Lyade v. Lynde, 64 N. J. Eli. ‘T36. 52 Atl. W4, 58 L. R. A. 471, 97 Am. St. Rep. 692; Collins v. Collins. 80 N. Y. 1; Stearns v. Stearus. 66 Vt. 187, 28 Ati. 875, 44 Am. St. Rep. 836: In re Spencer, 83 Cal. 460, 23 Pac. 395, 17 Am. St. Rep. 266; Adams v. Storey, 135 Ill. 448. 26 N. E. 582. 11 L. R. A. 790. 25 Am. St. Rep. 392.

By ulmwny we understand what is necessary for the nourishment, lodging, and support of the person who claims it. It includes education, when the person to whom the alimony is due is a minor. Civil Code La. art. 230.

The term is commonly used as equally applicable to all allowances, nhether annual or in gross, made to a wife upon a decree in divorce. Burrows v. Purple, 107 Mass. 432.

Alimony pemiente tile is that ordered during the pendency of a suit.

Permanent alimony. A provision for the support and maintenance or a wife out or her husband's estate. during her life time, ordered by a court on decreeing a divorce. Odom v. Odom, 36 Ga. 320; In re Spencer. 83 Cal. 460, 23 Pac. 395, 17 Am. St. Rep 266

The award of alimony is essentially a different thing from a division or the prop- erty of the parties. Johnson v. Johnson. 57 Kan. 343, 46 Pac. 700. It is not in itself an “estnte" in the technical sense, and there fore not the sep'11‘ate property or estate of the wife. Cizek v. (‘izek, G9 Neh. 797, 99 N. W. 28; Guenther v. Jacohs, 44 “is. 354: Romaine v. Chauncey. 60 Hun, 477, 15 N. Y. Supp. 198: Lynde v. Lynde. (H N. J. Eq. T36. 52 Ati. 694. 58 L. R. A. 471. 537 Am. St. Rep. 002: Holbrook v Comstock, 16 Gray (i\Iass.) 109.

ALIO INTUITU. Lat. In a different view: under a ditferent aspect. 4 Rob. Adm. & Pr. 151.

With another view or object 7 East. 558: 6 Manle & S. 234.

Aliqnid eonoerlitnr no injurin reana- nenl: impunita, qnod alias non unneeda-retnr. Something is (will be) conceded. to prevent a wrong rem-lining unredressed, which otherwise would not be conceded. Co. Litt. 1971).

ALIQUID POSSESSIONIS ET NIHIL JURIS. Somewhat of possession, and nothing of right. (but no right.) A phrase used by Bracton to describe that kind of possession which a person might have or a thing as a guardian, creditor, or the like; and also that kind of possession which was granted for a term of yenis, where nothing could be demanded but the nsufrnct. Bract. 15015. 3941, 16041..

Aliquis non debet esse jndex in pro- priii c.a.ns§., quid non potest esse jndex et pars. A person ought not to be Judge in his own cause, because he cannot act as judge and party. Co. Litt. 141; 3 BL Comm. 59.

ALITI-JR. Lat. Otherwise. A term otten used in the reports.

Alind est celnx-e, alind taeere. To cocneal is one thing; to be silent is another

thing. Lord Mansfield, 3 Burr. 1910.