Lat. In the civil law. A pleading on the part of a defendant, corresponding to the rebutter at common law. The third pleading on the part of the defendant. Inst 4, 14, 3; 3 BL Comm. 310. Qnss ab hostibns capiuntur, statlm ca-pientinm Hunt. 2 Burrows, 693. Things which are taken from enemies immediately become the property of the captors. Qnss ab initio inntilis fnit institute, … [Read more...]

Lat. Considered as; in the character or capacity of. For example, "the trustee qua trustee [that is, in his character aa trustee].is not liable," etc. Lat. … [Read more...]

pleading. Formerly this word was used instead of surrebutter. … [Read more...]

One, who, without sufficient knowledge, study or previous preparation, and without the diploma of some college or university, undertakes to practice medicine or surgery, under the pretense that he possesses secrets in those arts. 2. He is criminally answerable for his unskillful practice, and also, civilly to his patient in certain cases. Vide Mala praxis; Physician. … [Read more...]

pleading. Which is the same. 2. When the defendant in trespass justifies, that the trespass justified in the plea is the same as that complained of in the declaration; this clause is called quae est eadem. Gould. Pl. c. 3, s. 79, 80. 3. The form is as follows: which are the same assaulting, heating and ill-treating, the said John, in the said declaration mentioned, and whereof … [Read more...]