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
RIGHT OF DIVISION
RIGHT OF DISCUSSION
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 OF ACTION
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 IN COURT
See RECTUS IN CURIA. … [Read more...] about RIGHT IN COURT
RIGHT IN ACTION
This is a phrase frequently used in place of chose in action, and having an identical meaning. … [Read more...] about RIGHT IN ACTION