Page:Black's Law Dictionary (Second Edition).djvu/739

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


LIS

ground for preventing the plaintiff from taking proceedings in another court against the siime defendant for the same object and arising out of the same cause of action. Sweet. —Lis meta. A controversy moved or begun. By this term is meant a dispute which has arisen upnn a point or question which afterwards forms the issue upon which in-gal proceedings are instituted. Westieit v. Adams, 131 N. C. 3 . 42 S. E. 82'}. After such controiersy li. arisen, (past litcm moiu1ii,) it is held. dec- hiriitious as to pedigree, ni.ide by nieinbcis of the family .sinr‘- lltCl:"iSElI, are not admissible. Si-e 4 Otilup. 41i, 6 Car & I’. 5li0.—Li pen- ilens. A suit pending; that legal process, in .1 suit regnrding land, which nmounts to legal notice to all the woild that there is a dispute as to the title. In equity the filing of the bill mid sci-iing a subpmnn creates a [is pemlens, except when statutes require some reci)rd._ Stiin.


1.-in‘ Glnss Sue Boyd v. Eniiuons, 10.‘: l\y. 45 S. ‘V. 304; Tinslr-y v. It" 10.) Ga. [1 S. E. 174; B0“\'[l v. l\i \ ind 17 '1e‘(

(Ev. App. 3-10, 44 S. W. 189; Hines v. Ducn'ii‘.I. 7:! Ala. 117, 58 Am. Rep. 580. In the civil lilW. A suit pending. .-\ suit was not suit‘. ‘.14 he pending before that stage of it called "lifis ron.tc.iIulia." (I1- 1).) Mackeld. Rom. Law, V ; (‘ai\in.—Notice of H3 pendens. A not : filed for the puipnse of warning all persuns that the title to certiin property is in litigation, and that, if they purchase the defend-int's claim to the same, they are in dan- "er of licing bound by an adverse jii ginent. it-e Empire In-and & (‘anal Co. v. Eugiey, 18 Colo, ass, :33 Pac. 153.

cu

LIST. A docket or calendar of causes ready for trial or argument, or of motions ready for hearing.

LISTED. Included in it list: put on a list, purticiilnrly on a List of taxahie persons or property.

LISTERS. This word is used in some of the states to designate the persons appointed to make lists or taxahles. See Rev. St. Vt. 5'18.

LITE PENDENTE. Lat. Pending the suit Flctn. iih. 2, c. 54. 5 23.

IITEIVI DENUNCIARE. Lat. In the civil law. To cast the hniden of a stilt upon aiiotlier, pnl'tlt'iilorly nscd with reference to a lilirriiaser of property Who, lieing sued in respect to it by it third person. gives notice to his vendor and dciiuincls his old in its defense. See Maciicld. Rani. Law, 5 -103.

LITEM SUAM FACERE. Lat. To niiike :1 suit his own. Where a juries. from p:iitiallt_r or enmity, evidently favored either of the parties, he was said mom imam Iaccre. Calvin.

I.I'l.".l-IRA. Lat. A letter. The letter of

ii law, as distinguished from its spirit, See Ln'r'ri«‘i2. —Litera. Pisann. The Pisnn letter. A term applied to the old character in which the copy of the Pnndects formerly kept at Pisa, in Italy, wiis uritten. Spelnian.

731

LITERARY

LITERIE. Letters. A term applied in

old English law to various instruments in writing. public and private. —I.iter-in djmissorina. Dlinissory letteru, (q. »i:.i—Litv.x-a- hnmnniores. A term including Greek, Latin, general philoiogy, logic, moral philosophy, metaphysics; the name of the pricnipal course of study in the University of Ox- ford. \\imrtnn.—I.ltera; mm-tuna. Dead letters; fulfiiling words ofa statute. Lord Bacon ohservcs that “there are in every statute certiiin words which are as veins, where the life and blood of the statute coiueth, and where all doubts do arise, and the rest are litcrm mormcz, fillliliing words." Bnc. St. Uses, (Works, iv. ‘lS$I.]-—Literaa pntentes. Letters putcnti literally. open lettei-s.—Literaa pr-ocuratoria. In old English law. Letters procni-utory; letters of prucurntion: letters of attorney. Bmct. fols. 43.-—L:'ite1-as recognitionis. In maritiine law. A bill of lading. Jiic Sen Laws, 1'i'2.—Liter-aa sigillataa. In old English law. Scaled la-ttt-rs. The return of a sherilf was so called. Fieta, lib. 2, c. (54. § 19.

Lite:-at pntentes regis non ex-nut va- cms. 1 Bulst 6. The king's letters patent shall not be void.

Lite:-aa scripta manent. Written words lust.

LIT]-JRAL. According to language; following expression in words. A literal construction of a document adheres closely to its words, without making differences for extrinsic circumstances; a literal pcrforniance of a condition is one which complies exactly with its terms.

—_Liternl contract. In Roman law. A species of written contract, in which the formal act by which an obligation was superindui-ed on the coniention was on entry of the sum due, where it should be specificn.il_v ascertained, on the debit side of a ledger Maine, Anc Law, 320. A contract, the whole of the evidence of which is reduced to writing, and binds the paity who subscrihcd it. although he has l'(‘4‘l:i\Cli no

consideration. Iiec. El. Dr. Rom. § ernl proof. In the civil law. W deuce.

LITERARY. Pertaining to polite learning; connected with the study or use of books and writings.

The word “liter:1ry." having no legal signification, is to be taken in its ordinary and usual meaning. We speak of literary persons as learned, erudite; of literary property, as the productions of ripe scholars. or, at least, of professional writerci; of literary institutions, as those uhere the positive sciences are t-alight, or ‘persons eminent for learning associate. [or purposes connected with their professions This we think the popular menning of the word; and that it nould not he properly used as desriipthe of a school for the instruction of youlli. Indianapnlls v. McLean, 8 Ind. 332.

—I.lters.l'y composition. In copyright law. An original rrsuit of mental productinii, devel- oped in a series of written or printed words, arranged for an intelligent purpose, in an orderly succession of expressive coniiiinations. Keene v. Wheatiey, 14 Fed. Cas. 1 2; Woul- soy v. Judd. 4 Due!‘ ( . Y.) 3'iG.—Liter:u'y property muy be doscri ed as the right which entitles an author and his assigns to all the use

and profit of his composition, to which no independent right is, through any act or omission