In bankruptcy prao
Category: O
OPPRESSION
The misdemeanor committed by a public officer, who under color of his office, wrongfully inflicts upon .any person any bodily harm, imprisonment, or other injury. 1 Russ. Crimes, 297; Steph. Dig. Crim. Law, 7L See U. S. v. Deaver (D. C.) 14 Fed. 597
OPPOSER
An oflicer formerly belong* lng to the green-wax in the exchequer
OPPIGNERARE
Lat. In the civii law. To pledge. Calvin
OPETIDE
The ancient time of marriage, from Epiphany to Ash-wednesday
OFINION
1. In the law of evldence, oplnlon is an inference or conclusion drawn by a. witness from facts some of wbicb are known to him and others assumed, or drawn from facts which, though lending probability to the inference, dd not evolve it by a pro-cess of absolutely necessary reasoning. See Lipscomb v. State, 75 […]
OPERIS NOVT NUNTIATIO
Lat In
OPERATIVE
A workman; a laboring man; an artisan; particularly one employed in factories. Cocking v. ward (Tenn. Ch. App.) 48 S. W. 287; In re City Trnst Co., 121 Fed. 706, 58 C. C. A. 126; Rhodes v. Mat-thews, 67 Ind. 131
OPERATTVE PART
That part of a conveyance, or of any instrument Intended for the creation of transference of rights, by which the main object of the instrument is carried into effect. It is distinguished from Introductory matter, recitals, formal couclu-slon, etc
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 OU Co
OPERARU
Such tenants, under feudal tenures, as held some little portions of land by the duty of performing bodily labor and servile works for their lord
OFENTIDE
Tbe time after com is car
OPENING
In American practice. The beginning; the commencement; tbe first ad-dress of tbe counsel
ONROERENDE AND VAST STAAT
Dutch. Immovable and fast estate, that is, land or real estate. The phrase is used in Dutch wills, deeds, and antenuptial contracts of the early colonial period in New York. See Spraker v. Van Alstyne, 18 wend. (N. Y.) 208.
ONUS
Lat A burden or load; a weight The lading, burden, or cargo of a vessel. A charge; an incumbrance. Cum onere, (q. v.,) with the incumbrance
ONOMASTIC
A term applied to the signature of an instrument, the body of which is in a different handwriting from that of the signature.. Best, Ev. 315
ONERIS FERENDI
Lat. In the civil law. The servitude of support; a servitude by which the wall of a house ls required to sustaln the wall or beams of the adjoining house
ONERATUR NISI
See O. Ni
O NEK ARI NON
In pleading. The name of a plea, in an action of debt, by which the defendant says that he ought not to be charged
ONERATIO
Lat A lading; a cargo
ONE-THIRD NEW FOR OLD
See
ONERANDO PRO RATA FORTIONIS
A writ that lay for a joint tenant or tenant in common who was distrained for more rent than his proportion of the land comes to. Reg. orig. 182.
ONE HUNDRED THOUSAND FOUNDS CLAUSE
A precautionary stipulation in-serted ln a deed making a good tenant to the praecipe in a common recovery. See 1 Prest. Conv. 110
ONCE IN JEOPARDY
A phrase used to express the condition of a person charged with crime, who has once already, by legal proceedings, been pat in danger of conviction and punishment for the same offense. See Com. v. Fitzpatrick, 121 Pa. 109, 15 AtL 466, 1 L K. A. 451, 6 Am. St. Rep. 757
ONCUNNE
L. Fr. Accused. Du Cange
ONCE A MORTGAGE, ALWAYS A MORTGAGE
This rule signlfles that an Instrument orlglnally intended as a mort-gage, and not a deed, cannot be converted into anything else than a mortgage by any subsequent clause or agreement
ON OR ABOUT
A phrase used ln re-citing the date of an occurrence or convey-ance, to escape the necessity of being bound by tbe statement of an exact date
ON OR BEFORE
These words, inserted ln a stipulation to do an act or pay money, entitle the party stipulating to perform at any time before the day; and upon per-formance, or tender and refusal, he is immediately vested with all the rights which would have attached if performance were made on the day. wall v. Simpson, 6 […]
ON FILE
Filed; entered or placed upon the files; – existing aud remaining upon or among the proper files. Slosson v. Hall, 17 Minn. 95 (Gll. 71); Snider v. Methvin, 60 Tex. 487
ON DEFAULT
In case of default; upon failure of stipulated action or performance; upon the occurrence of a failure, omission, or neglect of duty
OMNIBUS BILL
1. In legislative practice, a hill including ln one act various separate and distinct matters, and particularly one joining a number of different subjects in one measure in such a way as to compel the executive authority to accept provisions which he does not approve or else defeat the whole enactment See Com. ?. Barnett, […]
OMNIUM
In mercantlle law. A term used to express the aggregate value of the different stock in which a loan is usually funded. Tomlins
OMNIA FERFORMAVIT
He has done all. In pleading. A good plea ln bar where all the covenants are ln the affirmative. Bailey v. Rogers, 1 Me. 189
OMNIBUS AD QUOS PRJESENTES LITERS PERVENERINT, SALUTEM
To all to whom the present letters shall come, greeting. A form of address with which charters and deeds were anciently commenced.
OMNI EXCEFTIONE MAJUS
4 Inst 262. Above all exceptlon
OMISSIS OMNIBUS ALUS, NEGO-TUS
LaL Laylng aside all other busi-nesses. 9 East, 347
OMITTANCE
Forbearance; omission
OME BUENO
In Spanish law. A good man; a substantial person. Las Partidas, pt 6, tit 13,1. 38
OLYMPIAD
A. Grecian epoch! the space of four years
OLOGRAPHIC TESTAMENT
The olo-graphlc testament is that which is written
OLIGARCHY
A form of government wherein the administration of affairs is lodg-ed ln the hands of a few persons
OLOGRAPH
An instrument (e. g., a will) wholly written by the person from whom it emanates
OLERON, LAWS OF
A code of maritime laws published at the island of oleron in the twelfth century by Eleanor of Gui-enne. They were adopted In England suc-cessively under Richard I., Henry III., and Edward III., and nre often cited before the admiralty courts. De Lovio v. Boit, 2 Gall. 398, Fed. Cas. No. 3,116
OLEOMARGARINE
An artificial imitation of butter, made chiefly from animal fats. Its sale is prohibited or restricted by statute in several of the states. See Cook v. State, 110 Ala. 40, 20 South. 360; Butler v. Chambers, 36 Mlnn. 69, 30 N. W. 308, 1 Am. St Rep. 638; State v. Ransick, 62 ohip St 283, […]
OLD STYLE
The ancient calendar or method of reckoning time, whereby the year commenced on March 25th. It was super-seded by the new style (that now in use) in most countries of Europe in 1582 and in England in 1752
OLD NATURA BREVIUM
The title of a treatise written ln the reign of Edward III. containing the writs which were then most in use, annexing to each a short com-ment concerning their nature and the appll-cation of them, with their various properties and effects. 3 Reeve, Eng. Law, 152
OKER
In Scotch law. Usury; the taking of interest for money, contrary to law. Bell
OFFICIOUS WILL
A testament by which a testator leaves hls property to his family. Sandars, Just. Iust. 207. See In-officious Testament
OFFICIO, EX, OATH
An oath where-by a person may be obliged to make any pre-sentment of any crime or offense, or to con-fess or accuse himself of any criminal matter or thlng whereby he may be liable to any censure, penalty, os punishment 3 Bl. Comm. 447
OFFICINA JUSTITLS
The workshop or office of justice. The chancery was for-merly so called. See 3 Bl. Comm. 273; Yates v. People, 6 Johns. (N. Y.) 363