Error that is the result of bias or prejudice of an individual opinion. … [Read more...]

One which prevents a contract from going into operation until it has been fulfilled; as if I promise to pay you one thousand dollars on condition that the ship Thomas Jefferson shall arrive from Havre, the contract is suspended until the arrival of the ship. … [Read more...]

The cause, the object, the thing in dispute. 2. It is a fatal objection to the jurisdiction of the court when it has not cognizance of the subject-matter of the action; as, if a cause exclusively of admiralty jurisdiction were brought in a court of common law, or a criminal proceeding in a court having jurisdiction of civil cases only. … [Read more...]

(A) practice, evidence. A process to cause a witness to appear and give testimony, commanding him to lay aside all pretences and excuses, and appear before a court or magistrate therein named, at a time therein mentioned, to testify for the party named, under a penalty therein mentioned. This is usually called a subpoena ad testificandum. 2. On proof of service of a subpoena … [Read more...]

The thing in controversy or the matter spoken or written about. The cause being removed the effect ceases. When respect for magistrates is taken away the commonwealth falls. The foundation being removed the superstructure falls. Sublato principal! tollitur adjunctum. When the principal is taken away the incident is taken also. … [Read more...]