IN RE

In the affair; in the matter of. This is the usual method of entitling a judicial proceeding in which there are not adversary parties, but merely some res concerning which judicial action is to be taken, such as a bankrupt’s estate, an estate in the probate court, a proposed public highway, etc. It is also sometimes used as a designation of a proceeding where one party makes an application on his own behalf, but such proceedings are more usually entitled “Ex parte” In re communi neminem dominorum jure facere quicquam, invito aitero, posse. One co-proprietor can exercise no authority over the common property against the will of the other. Dig. 10, 3, 28. In re communi potior est conditio prohibentis. In a partnership the condition of one who forbids is the more favorable. In re dubia, benigniorem interpretationem sequi, note minus justlus est quam tutius. In a doubtful matter, to follow the more liberal interpretation is not less the juster than the safer course. Dig. 50, 17, 192, L In re dubia magis infitiatio quam affirmatio intelligenda. In a doubtful matter, the denial or negative is to be understood, [or regarded,] rather than the affirmative. Godb. 37. In re lupanari testes lupanares admittentur. In a matter concerning. a brothel, prostitutes are admitted as witnesses. Van Epps v. Van Epps, 6 Barb. (N. Y.) 320, 324. In re pari potiorem causam esse prohibentis constat. In a thing equally shared [by several] it is clear that the party refusing [to permit the use of it] has the better cause. Dig. 10, 3, 28. A maxim applied to partnerships, where one partner has a right to withhold his assent to the acts of his copartner. 3 Kent, Comm. 45. In re propria iniquum admodum est alicui licentiam tribuere sententiae. It is extremely unjust that any one should be judge in his own cause. In rebus manifestis errat qui auctoritates legum allegat; quia perspicua vera non sunt probanda. In clear cases, he mistakes who cites legal authorities; for obvious truths are not to be proved. 5 Coke, 67a. Applied to cases too plain to require the support of authority; “because,” says the report, “he who endeavors to prove them obscures them.” In rebus quae sunt favorabilia animae, quamvis sunt damnosa rebus, fiat aliquando extensio statuti. In things that are favorable to the spirit, though injurious to things, an extension of a statute should sometimes be made.