By the laws of, it is believed, all the states, when a poor debtor is in arrest in a civil suit, the plaintiff is compelled to pay an allowance regulated by law, for his maintenance and support, and in default of such payment at the time required, the prisoner is discharged. Notice must be given to the plaintiff before the defendant can be discharged. … [Read more...]
ALLEGATA ET PROBATA
Latin: Things alleged and proved. The allegations made by a party to a suit, and the proof adduced in their support Allegatio contra factum non est ad mittenda. An allegation contrary to the deed (or fact) is not admissible. … [Read more...]
ALLOCATO COMITATU
In old English practice. In proceedings in outlawry, when there were but two county courts holden between the delivery of the writ of exigi facias to the sheriff and its return, a special exigi facias, with an allocato com itatu issued to the sheriff in order to complete the proceedings. See Exigent. … [Read more...]
ALLOY
An inferior metal, used with gold. and silver in making coin or public money. Originally, it was one of the allowances known by the name of remedy for errors, in the weight and purity of coins. The practice of making such allowances continued in all European mints after the reasons, upon which they were originally founded, had, in a great measure, ceased. In the imperfection of … [Read more...]
ALLEGATIO CONTRA FACTUM NON EST ADMITTENDA
Legal maxim and Latin for an allegation contrary to a deed is not to be heard. An allegation that is completely Legal maxim and Latin for contradictory to the facts should not be heard. See also Allegans contraria non est audiendus where allegations that are contradictory to the actual facts should not be allowed to be introduced. … [Read more...]