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RIGHT OF ACTION

by Law Professor

The right to bring suit; a legal right to maintain an action, growing out of a given transaction or state of facts and based thereon. Hibbard v. Clark, 56 N. H. 155, 22 Am. Rep. 442; Webster v. County Com'rs, 63 Me. 29. By the old writers, "right of action" is commonly used to denote that a person has lost a right of entry, and has nothing but a right of action left Co. Litt … [Read more...] about RIGHT OF ACTION

RIGHT PATENT

by Law Professor

An obsolete writ, which was brought for lands and tenements, and not for an advowson, or common, and lay only for an estate in fee simple, and not for him who had a lesser estate; as tenant in tall, tenant in frank marriage, or tenant for life. … [Read more...] about RIGHT PATENT

RIGHT OF DISCUSSION

by Law Professor

Scottish law. The right which the cautioner (surety) has to insist that the creditor shall do his best to compel the performance of the contract by the principal debtor, before he shall be called upon. … [Read more...] about RIGHT OF DISCUSSION

RIGHT TO BEGIN

by Law Professor

On the hearing or trial of a cause, or the argument of a demurrer, petition, etc., the right to begin ia the right of first addressing the court or jury. The right to begin is frequently of Importance, as the counsel who begins haa also the right of replying or having the last word after the counsel on the opposite aide has addressed the court or jury. Sweet … [Read more...] about RIGHT TO BEGIN

RIGHT OF DIVISION

by Law Professor

Scottish law. The right which each of several cautioners (sureties) has to refuse to answer for more than his own share of the debt. To entitle the cautioner to this right, the other cautioners must be solvent, and there must be no words in the bond to exclude it. 1 Bell's Com. 347, 5th ed. … [Read more...] about RIGHT OF DIVISION

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