Page:Black's Law Dictionary (Second Edition).djvu/863

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


OPENING

OPENING. In American practice. The beginning; the commencement; the first address of the counsel.

OPENTIDE. The time after corn is carried out of the fields

OPERA. A composition of a dramatic klnd, set to music and sung, accompanied with musical instruments, and enriched with appropriate costumes, scenery, etc. The house in which operas are represented is termed an “opera-house." Rowland v. Iileber, 1 Plush. R. (Pa.) 71.

OPERARII. Such tenants, under feudal tenures, as hold some littie portions of land by the duty of performing bodily labor and sciviie works for their lord.

OPERATIO. One day's wori; performed hy a tenant for his lord.

OPERATION. In general, the exertion of power; the process of operating or mode of action; an effect brought about in accordance with a definite plan. See Little Rock v. Parish, 36 Ark. 166; Fleming Oil Co. v. South Penn Oil Co., 37 W. Va. 653. 17 S. E. 203. In surgical practice, the term is of indefinite import, but may be approximately defined as an act or succession of acts performed upon the body of a patient, for his relief or restoration to normal conditions, either by manipulation or the use of surgical instruments or both, as distinguished from therapeutic treatment by the administration of drugs or other remedial agencies. See .-Lkridge v. Noble. 1.14 Ga. 949, 41 S. E. 78. —Criniinai operation. In medical jurispru- dence. An operation to procure an abortion. Miller v. Bayer. 94 \‘Vis. 123, 68 N. W. 8459.- Operation of law. This term expresses the manner in which rights, and sometimes liabilities. devolve upon a person by the mere application to the particular transaction of the established rules of law, without the act or co- operation of the party himself.

OPERATIVE. A workman; a lahoring man; on artisan; particularly one employed in factories. Cockmg v. Ward (Tenn. Ch. App.) 48 S. W. 287 ; In re City Trust Co., 121 Fed. 706, 58 C. 0. A. 126; Rhodes v. Mattbews, 67 Ind. 131.

OP!-IRATIVZI-1 PART. That part of a conveyance, or of any instrument intended for the creation or transference of rights, by which the main olijcct of the instrument is carried into eifeot. It is distinguished from introductory matter, recitals, formal conclu- sion. etc.

OPERATIVZE WORDS, in a deed or lease, are the words which effect the trans- action intended to be consummated by the instrument.

S55

OPINION

OPERIS NOVI NUNTIATIO.}} Lat. In the civil law. A protest or warning against [of] a new work. Dig. 39. 1.

OPETEDE. The ancient time of marriage, from Epiphany to Ash-Wednesday.

Opinio eat duplex, Ioillcat, opinio vul- gnris, orta. inter grave: et disoretos, at qnm vultum veritatis halmt; at opinio tantnm or-ts. inter Ieves et vulgar-es immi- nes, absqrie specie veritatis. -I Coke, 10?. Opinion is of two kinds, namely, common opinion, which springs up iunong grave and discreet men, and which has the appearance of truth, and opinion which springs up only among light and foolish men, without the semblance of truth.

Opinio qnna favet toltamento eat to- nenda. The opinion which favors a “'ll.l is to be followed. 1 W. 131. 13, arg.

OPINION. 1. In the law of evidence, opinion is an inference or conclusion drawn by a witness from facts some of which are known to him and others assumed, or drawn from facts which, though lending probability to the inference, do not evolve it by a process of absolutely necessary reasoning. See Lipscomb v. State, 75 Miss. 559, 23 South. 210.

An inference necessarily involving certain facts may be stated witbont the facts, the i.n- ference being an equivalent to it specification of the facts; but, when the facts are not necessarily involved in the inference (o. 4)., when the inference may he sustained upon either of severai distinct phases of fact, neither of wbich it necessarily involves. than the facts must be stated. Wliart. Ev. 510.

2. A document prepared by an attorney for his client, embodying his understanding of the law as applicable to a state of facts submitted to him for that purpose.

3. The statement by a judge or court of the decision ieached in regard to a cause tried or argued before them, expounding the law as applied to the case, and detailing the reasons upon which the judgment is based. See Craig v. Bennett, 158 Ind. 9, 62 N. E. 273; Coffey v. Gamble. 117 Iowa, 545. 91 N. W. 813; Houston v. Williams. 13 Cal. 24, 73 Am. Dec. 565; State v. Ramshurg, 43 Md. 333.

—Concurriii.g opinion. An opinion. separate from that which embodies the views and decision of the mnjority of the court. prepared and filed by a judve who agrees in the general result of the dec. a and which either reinforces the majority opinion by the expression of the particular judge's own views or reasoning, or (more commonly) voices his disapproval of the grounds of the decision or the arguments on which it was based, tbough approving the final rcsult.— Dissenting opinion. A separate opinion in which a particular judge announces his dissent from the conclusion beld by a majority of the court, and exponnds his own views.—Per curi- am opinion. Ono concurred in by the entire court, but expressed as being "per om-Trim” or

"by the court." without disclosing the mime of any particular Judge as being its author.