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MISPLEADING

by Law Professor

Pleading incorrectly, or omitting anything in pleading which is essential to the support or defence of an action, is so called. 2. Pleading not guilty to an action of debt, is an example of the first; and when the plaintiff sets out a title not simply in a defective manner, but sets out a defective title, is an example of the second. … [Read more...] about MISPLEADING

MISCARRIAGE

by Law Professor

In medical jurisprudence. The expulsion of the ovum or embyro from the uterus within the flrst six weeks after conception. Between that time, and before the expiration of the sixth month, when the child may possibly live, it is termed "abortion." When the delivery takes place soon after the sixth month, it is denominated "premature labor." But the criminal act of destroying the … [Read more...] about MISCARRIAGE

MISDIRECTION

by Law Professor

practice. An error made by a judge in charging the jury in a special case. 2. Such misdirection is either in relation to matters of law or matters of fact. 3. 1. When the judge at the trial misdirects the jury, on matters of law, material to the issue, whatever may be the nature of the case, the verdict will be set aside, and a new trial granted; or if such misdirection appear … [Read more...] about MISDIRECTION

MISPRISION

by Law Professor

In criminal law. A term used to signify every considerable misdemeanor which has not a certain name given to it by law. 3 Inst. 36. But more particularly and properly the term denotes either (1) a contempt against the sovereign, the government, or the courts of justice, including not only contempts of court properly so called, but also all forms of seditious or disloyal conduct … [Read more...] about MISPRISION

MINE

by Law Professor

An excavation made for obtaining minerals from the bowels of the earth, and the minerals themselves are known by the name of mine. 2. Mines are therefore considered as open and not open. An open mine is one at which work has been done, and a part of the materials taken out. When land is let on which there is an open mine, the tenant may, unless restricted by his lease, work the … [Read more...] about MINE

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