Law Professor

A counter-claim or cross-demand ; a claim or demand which the defendant in an action sets off against the claim of the plaintiff, as being his due, whereby he may extinguish the plaintiff's demand, either in whole or in part according to the amount of the set-off. Set-off is a defense which goes not to the Justice of the plaintiffs demand, but sets up a demand against the … [Read more...] about SET-OFF

In pleading. To recite or narrate facts or circumstances; to allege or aver; to describe or to incorporate; as, to set out a deed or contract First Nat Bank v. Engelbercht 58 Neb. 639, 79 N. W. 556; U. S. v. Watkins, 28 Fed. Cas. 436. … [Read more...] about SET OUT

Latin: In feudal and old English law. The duty of obedience and performance which a tenant was bound to render to his lord, by reason of his fee. Spelman. Servitium feodale et prodiale. A personal service, but due only by reason of lands which were held in fee. Bract. 1. 2, c. 16. Servitium forinseeum. Forinsec, foreign, or extra service; a kind of service that was due to the … [Read more...] about SERVITIUM

(A) civil law. A service or servitude; a burden imposed by law, or the agreement of parties upon certain persons, for the benefit of others; or upon one estate for the advantage of another, or for the benefit of another person than the owner. (B) Servitude; slavery; a state of bondage. Servitus autem, est constitutio, say the Institutes of Justinian, 1, 3, 2, qua quis dominio … [Read more...] about SERVITUS

To bring forward or allege, as something relied upon or deemed sufficient; to propose or interpose, by way of defense, explanation, or justification; as, to set up the statute of limitations, i.e., offer and rely upon it as a defense to a claim. … [Read more...] about SET UP