Page:Black's Law Dictionary (Second Edition).djvu/67

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


ALIUD EST DITINCTIO

Aliud est rlistinctio, slind sepaxntio. Distinction is one thing; separation is I11- other. It is one thing to make things distinct, another thing to make them separable.

Aliud est possiilere, alirid esse in poslenlioue. It is one thing to possess; it is another to be in possession. Hob. 163.

Alimi est vendere, alind veniienti eon- lentirc. 'l‘o sell is one thing; to consent to a sale (seller) is another thing. Dig. 50, 17, 160.

A.LIlJ'.D EXAMEN. A different or foreign mode of trial. 1 Hale, Com. Law, 38.

ALIUNDE. Lat From another source: from elsewhere: from outside. Evidence izliinule (1 e, from without the w1|l) may be iecenerl to axphiii an ambiguity in a will. i GTC(':|l. Ex. § 291.

ALL Collectively, this term designates

the whole number of particiiiars, individ- uals, or .=Dpai'ahe items: distributiveiy, it runy be equivalent to “each" or ‘‘every. State v. Maine (but. R. (‘o., 00 Me. 510; “lit-shurne v. Sischo. 143 Mass. 412. 9 N. E. T'.Ti'. —_All and singular. A comprehensive term uiurii ciiiplnyed in conveyances, wills, and the lm, which includes the aegregate or whole and nlso each of tho separate items or components. \le(‘iaskcy v. Barr 1C. C) :14 Fed. 798.—Ai.l faults. A sale of goods with “all faults" cov- vrs in the nhsrnce of fraud on the part of the imuznr. all such [units nnd defects as are not iunir-isteiit with the identity of the goods as Iii» guntls descrihcd. WhitrIey v. Bonrdinan. 118 \li». 2-i2.—All fours. Two cases or decisions whirh are alike in all material respects, and prlrisely similar in all the circumstances af- rcnlng their determination, are said to be or to run on “all fours."—A11 the estate. The wine zwen in England to the short clause in ii conu-3.-nee or other assurance which pnrpolts to convey “all the estate right, title. interest, clnim, and deinand" of the giantor. lessor. etc, in the property dealt with Dav. Com‘. 3.

Allegan: cont:-aria. non est nudieniinii. One alleging contrary or contiadictory thin-zs (niiose statements contiiiilict eiieh Otlf-r) is not to be heard. 4 Inst 27:). Applied to the statements of a witness.

Allemms snam trirpitnrlinem non est endiendns. One nho alleges his own i.n- fainy is not to be heard. 4 Inst. 279.

Allegsx-i non iiebnlt quad. pl-almtrim non x-elevat. That ought not to be alleged wliir-ii, if proved, is not relevant. 1 Ch. Cas. -15.

ALLEGATA. In Roman law. A word which the emperors fnrnieriy signed at the nnttom of their rescripts and constitutions; under other instruments they usually wrote ugiiuta or tcstuta. Enc. Land.

59

ALLEGIANCE

ALLEGATA ET PROBATA. Lat. Things alleged and proved. The allegations made by a party to a suit, and the proof adduced in their support.

Allegatio contra. rectum non est ad- mittenda. An allegation contrary to the deed (or fact) is not admissible

ALLEGATION. The assertion, declaration, or statement of a party to an action, made in a pleading, setting out what be expects to prove.

A material allegation in a pleading is one essential to the claim or defense, and which could not be stricken from the pleading without leaving it insulficient. Code Civil Proc. Cal. § 463.

In ecclesiastical law. The statement of the facts intended to be relied on in support of the Qontested suit

In English ecclesiastical practice the word seems to designate the pleading as a whole; the three pleadings are known as the allegations; and the defendants plea is distin- guished as the defensive, or sometimes thc responsive. allegation, and the complainant's reply as the rejoining allegation. —Allegstion of faculties. A statement made by the wife of the ]iro|)eri_v of her blisliand. in order to her obtaining alimony. See

cnities.

ALLEGE. To state, recite, assert, or charge; to make an allegation.

ALLEGED. Stated ; asserted ; charged.

recited ; claimed ;

ALLEGIANCE. By allegiance is meant the obligation of fidelity and obedience which the individual owes to the go\ei-nment under which he lives, or to his sovereign in return for the protection he receives. It may he an abeolute and permanent obligation, or it may be a qualified and temporary one. The citizen or subject owes an absolute and permanent allegiance to his government or sovereign, or at least nntji, by some open and distinct not, he renounces it and becomes a citizen or subject of another government or another sovereign. The alien, while domiciled hi the country, owes a local and temporary allegiance, which continues during the period of his i-esideiice. Carlisie v. U. S., 16 Wall. 154. 21 L. Eil. 426; Jackson v. Goodall. 20 Johns. (N. Y.) 191: U. S. v. “bug Kim Ark. 169 U. S. (349, 18 Sup. Ct. 456. 42 L. Ed. 890; Wallace V. Barmstad, 44 Pa. 501.

“The lie or liganicii which binds the sub- ject [or citizen] to the king [or government] in return for that protection which the king [or government] affords the subject, [or citi- zen."] 1 13]. Comm. 366. It consists in “a true and faithful obedience of the subject due to his sovereign." 7 Coke, 41:.

B

E

G

i