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ACTUAL

Real; actual. 2. Actual notice. One which has been expressly given by which knowledge of a fact hos been brought home to a party directly ; it is opposed to constructive notice. 3. Actual admissions. Those which are expressly made; they are plenary or partial.. 4. An actual escape takes place when a prisoner in fact gets out of prison, and unlawful regains his liberty.

Law Dictionary – Alternative Legal Definition

Real; substantial; existing presently in act, having a valid objective existence as opposed to that which is merely theoretical or possible. Something real, in opposition to constructive or speculative; something existing in act. Astor v. Merritt, 111 U. S. 202, 4 Sup. Ct. 413, 28 L. Ed. 401; Kelly v. Ben. Ass’n, 46 App. Div. 79, 61 N. Y. Supp. 394; State v. Wells, 31 Conn. 213. As to actual “Bias,” “Damages,” “Delivery”, “Eviction,” “Fraud,” “Malice,” “Notice,” “Occupation,” “Ouster,” “Possession,” “Residence,” “Seisin,” “Total Loss,” see those titles. Actual cash value. The fair or reasonable cash price for which the property could be sold in the market, in the ordinary course of business, and not at forced sale; the price it will bring in a fair market after reasonable efforts to find a purchaser who will give the highest price. Birmingham F. Ins. Co. v. Pulver, 126 HI. 329, 18 N. E. 804, 9 Am. St Rep. 598; Mack v. Lancashire Ins. Co. (C. C.) 4 Fed. 59; Morgan’s L. & T. R. S. S. Co. v. Board of Reviewers, 41 La. Ann. 1156, 3 South. 507. Actual change of possession. In statutes of frauds. An open, visible, and unequivocal change of possession, manifested by the usual outward signs, as distinguished from a merely formal or constructive change. Randall v. Parker, 3 Sandf. (N. Y.) 69: Murch v. Swensen, 40 Minn. 421, 42 N. W. 290: Dodge v. Jones, 7 Mont. 121, 14 Pac. 707; Stevens v. Irwin, 15 Cal. 503. 70 Am. Dec. 500. Actual cost. The actual price paid for goods by a party, in the case of a real bona fide purchase, and not the market value of the goods. Alfonso v. United States, 2 Story. 421, Fed. Cas. No. 188; United States v. Sixteen Packages. 2 Mason, 48, Fed. Cas. No. 16.303: Lexington, etc., R. Co. v. Fitchburg R. Co., 9 Gray (Mass.) 226. Actual sale. Lands are “actually sold” at a tax sale, so as to entitle the treasurer to the statutory fees, when the sale is completed; when be has collected from the purchaser the amount of the bid. Miles v. Miler, 5 Neb. 272. Actual violence. An assault with actual violence is an assault with physical force put in action, exerted upon the person assailed. The term violence is synonymous with physical force, and the two are used interchangeably in relation to assaults. State v. Wells. 31 Conn. 210.

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