Page:Black's Law Dictionary (Second Edition).djvu/803

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MORTUUS

or rents of the thing pledged are not applied to the payment of the debt.

MORTUUS. Lat. Dead. So in sheriffs return. niartuua est, he is dead.

—Mortuus sine prole. Ileiul Without issue. In genealogical tables often abhreviiitcd to “m. I. p.’

Mortnns exitns non est exitnn. A dead issue is no issue. Do. Lltt. 29. A child born dead is not considered as issue.

Mos retinendn: est ficlelissimnz veinstntil. 4 Coke. 78. A custom of the truest antiquity is to be retained.

MOSTRENCOS.

In Spanish law. Stray-

ed goods; eslrays. White. New Itecop. b. 2, tit. 2. c. 6. MOTE. Sax. A meeting; an assembly.

Used in composition, as biirpmote, folk-mote, etc.

—Mote-hell. The bell which was used by the Saxons to summon people to the court. Cowclh

MOTHER. A custom-iry service or pay- ment at the mote or court of the lord, from which some were exempted by charter or privilege. Cowell.

MOTHER. A woman who has borne a child; a female parent; correlative to "son” or “daughter.” The term may also include ii woman who is pregnant. See Howard v. People. 135 Iii. 5.’: 57 N. E. 441; Latshaw v. State. 156 ind. 194. 59 N. E. 471.

—Motlier-in-law. The mother of one’: wife or of one's husband.

MOTION. In practice. An occasional application to a court by the parties or their counsel. in order to obtain some rule or order, which becomes necessary either in the progress of B cause, or summarily and wholly unconnected with plenary proceedings. Citizens’ St. R. Co. 1'. Reed. 28 Inil. App. 639. 6? N. E 770; Low v. Cheney. 3 Iiow. Prac. (N. Y.) 2ST; People v. Ah Sam, 41 Cal. 645: In re Jetter. 78 N. Y. 601.

A motion is a written application for an order addressed to the court or to a judge in vacation by any party to :1 suit or proceeding, or by any one interested therein. Rev. Code Iowa 1880. § 2911; Code N. Y. § 401.

In parliamentary law. The formal mode in which a meiiilier submits a proposed measure or resolve for the consideration and action of the meeting.

—Motion for decree. Under the chancery practice, the most usual made of hi-iuging on a suit for hearing when the defendant has answer- cd is by motion for decree. To do this the plaintiff serves on the defendant a notice of his intention to move for a decree. Hunter. Suit Eq. :39; Dnnieil. Ch. Pr. " —Motiun for

udgment. In English pm a. A proceeding whereby a party to an action moves for the


795

MOVABLE

judgment of the court in his favor. See Sup. Ct. Rules 1833. ord. 40.—Motion in error. A motion in error stands on the same footing as a writ of error; (lie only difference is that. on a motion in error. no service is required to be made on the opposite party. because. being before the court when the motion is filed, he is bound to take notice of it at his peril. ’1.‘i'e-id- wi1_v v. Cue. 21 3 Motion to set aside judgment. s a step taken by a party in an uction who is dissatisfied with the jlldgililenl directed to be entered at the trial of the action.—Specia1 motion. A motion addressed to the discretion of the court, and nliich must be heard and determined: as distinguish- ad from one which may be granted of course. Merchants‘ Bank v. Crysler, 67 Fed. 390. 1-1 G. C. A. 444.


MOTIVE. The inducement. cause. or reason why a thing is done. An act legal in itself, and which violates no right, is not actionable on account of the motive Vlllicil actuated it. Cliatfield v. Wilson, 5 Am. Law Reg. (0. S.) 528.

“Motive" and "intent" are not identical, and an intent may exist where a motive is wanting. Motive is the moving power which impeis to action for a defimte result; intent is the purpose to use a particular niians to effect such result. In the popular mind intent and motive are often regarded as the same thing; but in law there is a clear distinction betnecn them. When a crime is clearly proved to have been committed by a person charged tlierevvith, the question of motive may be of little or no imporionce, but criminal intent is always essential to the mminission of a cilme. People v. Moiineux. 168 N. Y. 204. 61 N. E. 286. (52 L. R. A. 193; W:ii'rcn i. Tenth Not. Bank, 29 Fed. Cos. 287. But l'D0li\e is often an important subject of inquiry in criminal prosecutions. parriciilnrly where the case depends mainly or entirely on circumstantial evidence, the combination of motive and opportunity (for the commission of the particular crime by the person accused) being generally considered essential links in a chain of such evidence, while the ahsence of all motive on the part of the prisoner is an admissible and important item of evidence in his favor.

MOTH PROPRIO. Lat. Of his own motion. The commencing words of a certain kind of papal rescript.

MOITRNING. The dress or apparel worn by mourners at a funeral and for a time aft-

erwards. Also the expenses paid for such apparel. MOUTH. By statnta in some states, the

mouth of a river or creek, which empties into another river or creek. is defined as the point where the middle of the channel of each intersects the other. Pol. Code Cal. 1903. § 3908; Rev. St. Ariz. 1901. par. 931.

MOVABLE. That which can he changed in place, as movable property; or in time, as movable [costs or terms of court. See Wood v. George. 6 Dana (Ky.) 343: Strong v. White, 19 Conn. 245; Goddard v. Wiii(-hell. 86 Iowa. 71. 52 N. W. 1121. 17 L. IL A. 788. 41 Am. St. Rep. 481. —Movable estate. "personal estate" or “personal property."

A term equivalent to

Den