Page:Black's Law Dictionary (Second Edition).djvu/852

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OBLIGATION
OBSOLETE
844

OBLIGATION

(Ky.) 36; Sturges v. Crowninshield, 4 Wheat.197, 4 L Ed. 529: Wachter v. Famachon. 62 Wis. 117. 22 N. W. 160.—0bligation solidaire. This, in French law, corresponds to joint and several liability in English law, but is applied also to the joint and several rights of the creditors parties to the ob1igation.—Primary obligation. An obligation which is the principal object of the contract. For example, the primary obligation of the seller is to deliver thing sold, and to transfer the title to it. It is distinguished from the accessory or secondary obligation to pay damages for not doing so. Bouv. inst. no. 702. The words "primary" and “direct," contrasted with "secondary." when spoken with reference to an obligation, refer to the remedy provided by law for enforcing the obligation, rather than to the character and limits of the obligation itself. Kilton v. Providence Tool Co., 22 R. . 605, 48 Atl. l039.—Principal obligation. That obligation which arises from the principal object of the engagement which has been contracted hetvreen the parties. Poth. Obl. no. 182. One to which is appended an accessory or subsidiary obligation.—Pure obligation. One which is not suspended by any condition, whether it has been contracted without any condition, or, when thus contracted, the condition has been accomplished. Poth. Obl. no. 176 — Real obligation. In the civil law and in Louisiana. An obhgation attached to immovable property, that is, real estate. Civ. Code La. 1900. art. 2010.—Simple obligation. In the civil law. An obligation which does not depend for its execution upon any event provided for by the parties, or which is not agreed to become void on the happening at any such event. Civ. Code La. art. 2015.—Solidary obligation. In the law of Louisiana, one which binds each of the obligors for the whole debt, as distinguished from a "joint" obligation, which binds the parties each for his separate proportion of the debt. Groves v. Sentell. 153 U. S. 465. 14 Sup. Ct. 898, 38 L. Ed. 785.

OBLIGATORY. The term "writing ob- ligatory" is a technical term of the law, and means a written contract under seal. Wat- son v. Huge, 7 Yerg. ('l‘enn.) 350.

OBLIGEE. The person in favor of whom some obligation is contracted, whether such obligation be to pay money or to do or not to do something. Code La. art. .3522, no. 11. The party to whom a bond is given.

OBLIGOR. The person who has engaged to perform some obligation. Code La. art. 35%, no. 12 One who makes a bond.

OBIJQUUS. Lat. In the old law of deseentu. Ohlique; cross; transverse; collateral. The opposite of rooms. right, or up- right.

In the law of evidence. cunistantinl.

Indirect; cir-

OBLITERATION. out of written words.

Ohllterafion is not limited to elfacing the letters of a will or scratching them out or blotting them so completely that they cannot be read. A line drawn through the writing is obliteration, though it may leave it as leg- ible as it was before. See Glass v. Scott, 14 0010. App. 377, 60 Pac. 186; Evans‘ Appeal,

Erasure or blotting

844

OBSOLETE

58 Pa. 244; Toiviishend v. Howard, Q ass. 29 Au. 1077: State v. Rnlppa, zu T’ 293.

OBLOQUY. To expose one to "dlilu is to expose him to censure and r r the latter terms are Sylloliyluoflb ii-i‘th " qny." Bettuer v. Holt, 70 Us). :75, 11 1 716.

OBRA. In Spanish law. Work. Of Works or trades; those nhich men iy in houses or covered places. White. Ii Recop. b. 1, tit. 5, c. 3, 51.

OBREPTIO. [AIL The obtaining a ti” by fraud or surprise. Ciiiiiii. Called, ln Scotch law, “obrepti'nn."

OBREPTION. Obtaining anything hy fraud or surprise. Acquisition of esihenh, etc.. from the sovereign, by ui.il.:'ing false rq-_ reseiitutions. Bell.

OBROGARE. Lat. In the civil law. To pass a law contrary to a toinier linv, or to some Uause of it; to Lhuuge a former iniv in some pait of it. Cnliin.

OBROGATION. In the Cifll law. The alteration of a law by the 1Jt1SS.1ge of one icnonsistent -nlth 1: Calvin.

OBSCENE. Lewd; impure; indet-ml: calculated to shock the uioiai sense of Lulu by 21 disregard of cliastity or modesty. Timinons v. L. b., (55 Fed. 205, 30 C. (J. A. 749 U. S. v. Harmon (D. U.) 45 Fed. -11-}; Dual...) V. U. S:, 165 U. S. 486. 17 Sup. Ct. 375, -U L. Ed. 799; Coni. v. Lantlis, 8 Phila, wa.) 453.

OBSCENITY. The character or quality of being obscene; conduct teiiding to coi-nipt the public morals by its indecency or lewd- ness. State v. Pfenninger, 76 Bio. App. 313: U. S. v. Loftls (D. C.) 12 Fed. 671.

OBSERVE. In the civil law. To perform that “men has been prescribed by some law or usage. Dlg. 1, 3, 32. See .\laisli.i1l County v. Knoli, 102 Iowa. 573, 69 N. W. 11-:16.

OBSES. Lat. In the law of war. A hostage. Obsides, hostages.

OBSIGNARE. Lat [11 the civil law. To seal up; as money that had been tendered und refused.

OBSIGNATORY. IL-itifying and con- firming. OBSOLESCENT. Becoming obsolete :

going out of use. not entirely disused, but gradually becoming so.

OBSOLETE. Dlsused; neglected; not

observed. The term is applied to statutes