Dividing a single cause of action, claim, or demand into two or more parts, and bringing suit for one of such parts only, Intending to reserve the rest for a separate action. . The plaintiff who does this is bound by his flrst judgment and can recover no more. … [Read more...]

That of which there is hope. 2. In the accounts of an executor and the inventory of the personal assets, he should distinguish between those assets which are separate, and those which are desperate; he will be prima facie responsible for the former, and discharged for the latter. … [Read more...]

(A) Eng. eccl. law. The name of a suit sued out in the spiritual court to recover for the fruits of the church, or for the church itself. . 2. It is also a waste of church property by an ecclesiastical person. 3 Bl. Com. 90. (B) torts. Destruction of a thing by the act of a stranger; as, the erasure or alteration of a writing by the act of a stranger, is called spoliation. This … [Read more...]

That of which there is hope. Thus a debt which one may hope to recover may be called "sperate," in opposition to "desperate." See 1 Chit. Pr. 520. … [Read more...]

Lat. A spoiler or destroyer. It is a maxim of law, bearing chiefly on evidence, but also upon the value generally of the thing destroyed, that everything most to his disadvantage is to be presumed against the destroyer, (spoliator,) contra spoliatorem omnia prcesumuntur. 1 Smith, Lead. Cas. 315. Spoliatns debet ante omnia restitni. A party despoiled [forcibly deprived of … [Read more...]