Page:Black's Law Dictionary (Second Edition).djvu/740

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LITERATE

on his or their part, vested in another person. 1) Amer. Law Rog. . An see Keene v. Wheal.ley, 14 Fed. Cas. 192: Palmer v. De Witt, 32 N. 1' Super. Ct. . distinction is to be taken betvieen "literary property" (which is the natural, comiiion-law right which a person has in the form of written expression to viliich be hns, by labor and skill. reduced his tboughts) and “eopyriglit," (which is a statutory monopoly. above and beyond natural prop- erty, conferred upon an author to enei-iiiage and re“ in] a dedication of his literary piop— erty to the public.) Abbott.

LITERATE. In English ecclesiastical law. One who qualifies himself for holy orders by presenting himself as a person accomplished in classic-ai learning, etc.. not as a graduate of Oxford, Cainbriue, etc.

LITERATURA. “Ad litcru-turam po- ncre" means to put children to school. This liberty was anciently denied to those parents who were serviie tenants, without the lord's consent. The prohibition against the education of sons arose from the tear that the son, lieing bred to letters, might enter into holy orders, and so stop or divert the services which he might otherwise do as heir to his father. Paroch. Antlq. 401.

LITERIS OBLIGATIO.}} In Iiomnu law. The contract of mnnui, which was constituted by writing, (S('rl'[lliH‘I7.) It was or two kinds. viz.: (1) A re in personam, when a transaction was transferred from the day- booli (aLIu('rsori'.iz) into the ledger (curler) in the form of a debt under the lJ:ll'll(‘ or heading of the purchaser or debtor, (It/JlIl.¢’n.') and (2) u. pcrsomi in giersonam, where a debt already slniiiding under one nlmwwi, or heading was transferred in the usual course of wioi,-uli'o r rnm that nomcn to another and substituted no-mm. By reason of this transferring, these obligations were called “naniimz transcriptitia." No money was, in tact, paid to constitute the contract. If ever money was paid, then the rwnicn was arcari-um, (i. 2., a real contract, re contraictus,) and not a nunwn prog1.‘i"um. Brown.

LITIGANT. A party to a lawsuit: one engaged in litigation: usually spoken of active parties, not of nominal ones.

LITIGARE. Lat. To litigate; to carry on a suit, (Iitem were.) either as plaintiff or defendant; to claim or dispute by action; to test or try the validity of a claim by action.

LITIGATIE. To dispute or contend in form of law; to carry on a suit.

LITIGATION. A judicial controversy. A contest in a court of justice, for the purpose of enforcing a right.

LITIGIOSITY. In Scotch law. The pendeacy of a suit: it is a tacit legal prohi- bition of alienation, to the disappointment of

732

LITISPENDENCE

an action, or or diligence, the direct otiject of which is to obtain possession, or to acquire the property of a particular subject. The el- tect of it is analogous to that of inhibition. Bell.

LITIGIOSO. Span, Litigious; the sub- ject of litigation; a term applied to pro[)t‘l'l'y which is the subject of dispute in a pcudllx ' suit. White y. Gay, 1 Tex. 388.

LITIGIOUS. That which is the subject

of a suit or action: that which is (“'lltE3Sl.Dd in a court of justice. In another sense. ‘ll- tigious" signifies fond of litigation; prone to engage in suits. —Litigious church. In ecclesiastical law. I church is said to be litigious where two presentations are offered to the bishop upon the sine avoidance Jcnk. Cent. 11.—LiI‘.i-giuus right. In the civil law. A right which cannot be erercised without undergoing a iawsuit. Civil Code La. arts. 918, 3556.

LITIS ESTIMATIO. ure of damages.

Lat. The mean-

LITIS CONTESTATIO.}} Lat. In the civil and canon law. Contestation of suit; the process of contesting a suit by the op» posing statements of the respective partim: the process of coming to an issue; the attainment of an issue; the issue itself.

In the practice of the ecclesiastical courts. The general answer made by the defendant, in which he denies the matter charged against him in the libel, Hallifax, Civil Law, b. 3, c. 11, no. 9.

In admiralty practioe. The general issiie. 2 Browne, Civil & Adm. Law, 358, and note.

LITIS DENUNGIATIO.}} Lat. In the civil law. The process by which 11 purchaser of property, who is sued for its possession or recovery by a third person. falls back upon his vendor's covenant of warranty, by giiiiig the hitter notice of the action and demanding his aid in defending it. See l\l:icl:e1d. Rom Law, § 403.

LITIS DOMINIUM. Lat. In the civil law. Ownership, control, or direction of ti suit. A fiction of law by which the employ- ment of an attorney or proctor (fll‘l7Cl.l9‘tLIOl') in a suit was authorized or jiistified, he being supposed to become, by the appointment or his principal (domimns) or client, the dun»- inus hits. Heinecc. Elem. lib. 4, tit. 10, §§ 1246, 1247.

Litis nomen omnem actionem signif- icat. sivn in rem. sive in personinn sit. Co. Lltt. 292. A lawsuit signifies every aetiou, whether it be in rem or in personmn.

LITISPENDENGE. An obsolete term for

the ttine during which B. lawsuit is going on