Page:Black's Law Dictionary (Second Edition).djvu/664

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INVOLUNTARY

of another, without negligence on the part of the owner, or, in cases of fire, shipwreck. inun_- dation, riot. insurrection or the like extraordi- nary emergencies, by the owner of personal property committing it out of necessity to the care of any person. Rev. St Oki. 2821:; net. (‘odcs N. D 1899, § 4002: Civ. ode S. D. 1903. 13 --Involuntary aj...uncinu_— ance. In prnc‘. e. A dIS(.UiltIl.|lli‘i[iCe is i.u\ ol- untary where. in consequence of technical _ornission. inispieiirling, or the like, the suit is re- garded as out of court, as where the parties undertake to refer a suit that is not referable, or omit to enter propcr continnniices. Hunt V. Griffin, 49 Miss. ’i'4S.—InvolIi.nl:ax'_y manslaughter. The unintcutinnai kilhng of a person by one engaged in nu unlawful but not felonious act 4 Steph. Comm. 52.—Invo1nntnry payment. One obtained by fraud. oppress-ioii, or extortion, or to avoid the use of force to coerce it, or to ohtnin the relcnsc of the poi-son or property from detention. Piirclier v. Marathon Countv. 52 Wis. ." . . ' Am. Rep. 745; \\‘olfe v. Misson 52 Mo. 1 ' Corkie v. Maxwell. 6 Fed. Cas. 555.—Invo1n:i-itnry servitude. The condition of one who is compelled by force. coercion, or imprisonment, and against his will, to labor for an- other, whether he is paid or not. Sue St:-to v. West, 42 Minn. 147. 43 N. W. 845: E‘_x Rnrte Wilson. 114 U. S. 417, 5 Sup. CL 93-’). -9 L. Ed. S9: Thompson v. Benton. 117 Mo. 83. 22 S. Vi’, S63. 20 L. R. A. 462, 38 Am. St.

ep. 639; In re Siaughterlionse Cases. 16 “'oll. 617. 21 L. Ed. 394 Robertson v. Bald- win, 165 U. S. 275. 17 Sup. Ct. 326. 41 L. Ed. 715.

As to involuntary "Bankruptcy,” “Nonsuit," and "Trust," see those titles.

2 ii

IOTA. The minutest quantity possible. iota is the smallest Greek letter. The word "jot" is derived therefrom.

Ipsin legal cupiunt nt Jnre regiuitnr. Co. Lltt 174. The iaws themselves require that they should be governed by right.

IPS]-7.. Lat. He himself; the same; the very person.

IP51-I DIXIT. He hinmett said it: 1: here assertion resting on the authority of an individual.

IPSISSIMIS VERBIS. In the identical words; opposed to "sul)stuntin1iy." Townsend v. Jamison. 7 How. 719. 12 L. Ed. 880; Summons v. State, 5 Ohio St. 346.

IP50 FACTO. By the fact itself: by the mere fact. By the mere effect of an act or a fact.

In English ecclesiastical law. A censure of exconiiiiunication in the ecclesiastical court, immediately incurred for divers ol‘1‘enses, after lawful trial.

IP50 JURE. By the law itself; by the mere operation of law. Calvin.

Ira furor brevis est. Angcr is a short insanity. Beardsley v. Maynard, 4 Weud. (N. Y.) 336, 335.

656

IRREMOVABILITY

IRA MOTUS. Lat. Moved or excited by anger or passion. A term sometimes former- ly used in the plea of son assault demesne. 1 Tidd, P1‘. 645.

IRE AD LARGUM. Lat. To go at large: to escape; to be set at liberty.

IR!-INARCHA. In Roman law. An officer whose duties are described in Dig. 5. 4. 18, 7. See Id. 48. 3, 6; God. 10. 75. Literally, a peace-officer or magistrate.

IRREGULAR. Not according to rule; improper or iusiifiicient, by reason of departure from the prescribed course.

As to irregular “Deposlt," "Indorsement." “.Process,“ and "Succession," see those titles.

IRREGULARITY. Violation or nonob- serrance of established rules and practices. The want of adherence to some prescribed rule or mode or proceeding; consisting either in omitting to do something that is necessary for the due and orderly conducting of ii suit, or doing it in an unsensonalwie time or improper manner. 1 Tidd. Pr. 5i2. And see McCain v. Des Moines. 174 U. S. 168, 19 Sup. Ct. 644, 43 L. Ed. 930; Emeric v. Ai- varado, 64 Cal. 529. 2 Pac. 418: H.-ill v. Mun- ger. 5 Lans. (N. Y.) 113; Corn Exch. Bank V. Blye, 119 N. Y. 414. 23 N. E 805; Salter v. Hiigen, 40 Wis. 365; Turiiii v. Walker. 4 Mich. 183. “irregularity” is the technical term for every defect in practical proceedings, or the mode of conducting an action or defense, as distinguishable from defects in pleadings. S Chit. Gen. Fr. 50:).

The doing or not doing that, in the conduct of a suit at law, which, conforniniiiv with the practice of the court, ought or ought not to be done. Doe ex dein. Cooper v. Harter. 2 Ind. 252.

In canon law. Any tmiicdiment which prevents a man from taking holy orders

—Lega1 irregularity. An irre::ui.-ii-ity oc curring in the course of some legal procce ’. A defect or informality which. in the iccliiii vicw of the law. is to be accounted an irregularity.

IRRELEVANCY. The absence of the quality of l‘E1E\fli'iC’Y in evidence or pleadings

Irrclcvancy, in an answer. consists in statc mcnts which are not ninlei-isl to the decision of the case; such as do not form or tender nu)‘ material issue. People v. Mi-Climber. 18 N. Y. 321, T2 Am. Dec. 515: 'allier v. Hcnitt 11 c. {1\'. Y.) 398: Carpenter r. Bell,

How. Pra V E RoiI- (N. Smith v. Smith. 50 s

IRRELEVANT. In tne law of evidence Not reievant; not relaiing or amilicnhle to the matter in issue: not supporting the issue.

IRREMOVABILITY. The status of a pauper in England, who cannot be legally

removed from the parish or union in u hich