In the civil law. A proceeding, at the instance of a surety, by which the creditor is obliged to exhaust the property of the principal debtor, towards the satisfaction of the debt, before having recourse to the surety; and this right of the surety is termed the "benefit of discussion." Civ. Code La. art 3045, et seq. In Scotch law. The ranking of the proper order in which … [Read more...]

To exhume, unbary, take out of the grave. People v. Baumgartner, 135 Cal. 72, 66 Pac. 974. … [Read more...]

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. … [Read more...]

Not concerned, m respect to. possible gain or loss, in the result of the pending proceedings; impartial, not biased or prejudiced. Disinterested witness. One who has no interest in the cause or matter in issue, and who is lawfully competent to testify. … [Read more...]

In English law. An enrolled assurance barring an entail, pursuant to 3 & 4 Wm. IV. c. 74. … [Read more...]