Latin, meaning What is first is more true; and what is prior in time is stronger in law. … [Read more...]
QUOUSQUE
A Latin adverb, which signifies how long, how far, until. 2. In old conveyances it is used as a word of limitation. 10 Co. 41. 3. In practice it is the name of an execution which is to have force until the defendant shall do a certain thing. Of this kind is the capias ad satisfaciendum, by virtue of which the body of the defendant is taken into execution, and he is imprisoned … [Read more...]
QUOD PROSTRAVIT
That he do abate. The name of a judgment upon an indictment for a nuisance, that the defendant abate such nuisance. Quod pure debetur prsesenti die debe tur. That which is due unconditionally is due now. Tray. Leg. Max. 519. Quod quis ex culpa sua damnum sen tit non intelligitur damnum sentire. The damage which one experiences from his own fault is not considered as his damage. … [Read more...]
QUOVIS MODO
Latin: In whatever manner. Quum de lucro duorum quseratur, melior est causa possidentis. When the question is as to the gain of two persons, the title of the party in possession is the better one. Dig. 50, 17, 126, 2. Qnum in testamento ambigue ant etiam perperam scriptnm est, benign interpretari et secundum id quod credible et cogitatum, eredendnm est. When in a will an … [Read more...]
QUOD RECUPERET
That he recover. The ordinary form of judgments for the plaintiff in actions at law. 1 Archb. Pr. K. B. 225; 1 Burrill, Pr. 246. Quod remedio destituitur ipsa re valet si eulpa absit. That which is without remedy avails of itself, if there be no fault in the party seeking to enforce it. Broom, Max. 212. Quod semel aut bis ezistit prseterunt legislatores. Legislators pass over … [Read more...]