In construing a policy of life insurance, it is generally true that, before any temporary ailment can be called a “disease,” it must be such as to indicate a vice in the constitution, or be so serious as to have some bearing upon general health and the continuance of life, or such as, according to common understanding, would be called a “disease.” Cushman v. Insurance Co., 70 N. Y. 77; Insurance Co. v. Yuug, 113 Ind. 159, 15 N. E. 220, 3 Am. St. Rep. 630; Insurance Co. v. Simpson. 88 Tex. 333, 31 S. W. 501, 28 L R. A. 765, 53 Am. St. Rep. 757; Delaney v. Modern Acc. Club, 121 lowa, 528, 97 N. W. 91, 63 L. R. A. 603
Source: Black’s Law Dictionary 2nd Ed (1910)
A liberty or privilege al-lowed to a judge, within the confines of right and Justice, but independent of narrow and unbending rules of positive law, to decide and act in accordance with what is fair, equitable, and wholesome, as determined upon the peculiar circumstances of the case, and as discerned by hls personal wiBdom and experience, guided by the spirit, principles, and analogies of the law. osborn v. United States Bank, 9 wheat 866, 6 L. Ed. 204; Ex parte Chase, 43 Ala. 310; Lent v. Tillson, 140 U. S. 310, 11 Sup. CL 825, 35 Lu Ed. 419; State v. Cummings, 36 Mo. 278; Murray v. Buell, 74 wis. 14, 41 N. W. 1010; Perry v. Salt Lake City Council, 7 Utah, 143, 25 Pac. 996, 11 L. R. A. 446
Source: Black’s Law Dictionary 2nd Ed (1910)
Snch as are not marked out on fixed lines, but allow a certain amount of discretion in their exercise. Those which cannot be duly admin-lstered without the application of a certain degree of prudence and judgment
Source: Black’s Law Dictionary 2nd Ed (1910)
To destroy or impair the credibility of a person; to Impeach; to lessen the degree of credit to be accorded to a witness or document, as by impugning the veracity of the one or the genuineness of the other; to disparage or weaken the reliance upon the testimony of a witness, or upon documentary evidence, by any means what-ever
Source: Black’s Law Dictionary 2nd Ed (1910)
A difference between two things which ought to be identical, as between one writing and another; a varl-ance, (q. v
Source: Black’s Law Dictionary 2nd Ed (1910)
Not married; not subject to the disabilities of a coverture. It applies equally to a maid and a widow
Source: Black’s Law Dictionary 2nd Ed (1910)
In a general sense, the ascertainment of that which was previously unknown; the disclosure or coming to light of what was previously hidden; the acqnisi-tion of notice or knowledge of given acts or facts; as, in regard to the “discovery” of fraud affecting the running of the statute of limitations, or the granting of a new trial for newly “discovered” evidence. Francis v. wallace, 77 Iowa, 373, 42 N. W. 323; Parker v. Kuhn. 21 Neb. 413, 32 N. W. 74, 50 Am. Rep. 852; Laird v. Kilbourne, 70 Iowa, 83, 30 N. W. 9; Howton v. Roberts, 49 8. W. 340, 20 Ky. Law Rep. 1331; Marbourg v. Mc-Cormick, 23 Kan..43
Source: Black’s Law Dictionary 2nd Ed (1910)
occasional; intermittent; characterized by separate repeated acts; as, discontinuous easements and servi-tudes. See Easement
Source: Black’s Law Dictionary 2nd Ed (1910)
In a general sense, an ai-lowance or deduction made from a gross sum on any account whatever. In a more limited and technical sense, the taklng of interest in advance
Source: Black’s Law Dictionary 2nd Ed (1910)
The termination or suspension of an estate-tail, in consequence of the act of the tenant in tail, in conveying a larger estate in the land than he was by law entitled to do. 2 Bl. Comm. 275 ; 3 Bl. Comm. 171. An alienation made or suffered by tenant in tail, or by any that is seised in outer droit, where-hy the issue in tail, or tbe heir or successor, or those in reversion or remainder, are driven to their action, and cannot enter. Co. Lltt 325a. The cesser of a seisin under an estate, nnd the acquisition of a seisin under a new and necessarily a wrongful title. Prest Merg. c. ii.
Source: Black’s Law Dictionary 2nd Ed (1910)
In Scotch law. Dis-avowal of tenure; denial that one holds lands of another. Bell
Source: Black’s Law Dictionary 2nd Ed (1910)
To deprive commonable lands of their commonable quality, by in-closing and appropriating or improving them
Source: Black’s Law Dictionary 2nd Ed (1910)
The opposite of charge; hence to release; liberate; annul; unburden; dis incumber
Source: Black’s Law Dictionary 2nd Ed (1910)
In old English law. To discharge, to unload; as a vessel. Carcare
Source: Black’s Law Dictionary 2nd Ed (1910)
In old English law. A conversion of wood grounds into arable or pasture; an assarting. Cowell. See Assart
Source: Black’s Law Dictionary 2nd Ed (1910)
Money expended by an executor, guardian, trustee, etc., for tlie benefit of the estate in his hands, or in connection with its administration
Source: Black’s Law Dictionary 2nd Ed (1910)
To repudiate the unanthor-. lzed acts of an agent; to deny the authority by which he assumed to act
Source: Black’s Law Dictionary 2nd Ed (1910)
In England, to deprive a bar-ilster permanently of the privileges, of hls position; it is analogous to striking an nttor-ney off the rolls. In America, the word de-scribes the act of a court in withdrawing from an attorney the right to practise at Its bar
Source: Black’s Law Dictionary 2nd Ed (1910)
In ecclesiastic-al law. This is where the appropriation of a benefice is severed, either by the patron presenting a clerk or by the corporation which has the appropriation being dissolved. 1 Bl. Comm. 385
Source: Black’s Law Dictionary 2nd Ed (1910)
To restore to tbeir former condition lands which have been turned into forests. To remove from the operation of the forest laws. 2 Bl. Comm. 416
Source: Black’s Law Dictionary 2nd Ed (1910)
Difference of opinion or want of uniformity or concurrence of views; as, a disagreement among the members of a jury, among the judges of a court, or between arbitrators. Darnell v. Lyon, 85 Tex. 466, 22 S. W. 304; Insurance Co. v. poying, 55 N. J. Law, 569, 27 Atl. 927; Fow-ble v. Insurance Co., 106 Mo. App. 527, 81 S. W. 485
Source: Black’s Law Dictionary 2nd Ed (1910)