practice. It was formerly the practice to deposit deeds and other things in the hands of third persons, to await the performance of covenants, upon which they were to be redelivered to one of the parties. When one of the parties contended that he was entitled to such things, and the other denied it, and the claiming party brought an action of detinue for them, the defendant was … [Read more...]
PROBATORY TERM
This name is given, in the practice of the English admiralty courts, to the space of time allowed for the taking of testimony in an action, after issue formed. … [Read more...]
PROCESS OF INTERPLEADER
practice. Formerly when two parties concurred in a bailment to a third person of things which were to be delivered to one of them on the performance of a covenant or other thing, and the parties brought several actions of detinue against the bailee, the latter might plead the facts of the case and pray that the plaintiffs in the several actions might interplead with each other; … [Read more...]
PROBABILITY
Likelihood; appearance of truth; verisimilitude. The likelihood of a proposition or hypothesis being true, from its conformity to reason or experience, or from superior evidence or arguments adduced in its favor. People v. O'Brien, 130 … [Read more...]
PROBABLE
Having the appearance of truth; having the character of probability; appearing to be founded in reason or experience. Probable came. "Probable cause" may be defined to be an apparent state of facts found to exist upon reasonable inquiry, (that is, such inquiry as the given case renders convenient ana proper,) which would induce a reasonably intelligent and prudent man to … [Read more...]