• Ask a Legal Question
  • Submit Article
  • Law Dictionary
  • My Account
  • FAQ
  • Contact Us
  • Support
  • Site Search
Login or Sign up

The Law Dictionary

  • Home
  • Law Forum
  • Law Guide
  • Law Journal
  • Lawyers
  • Legal Forms & Files
  • Inbox
  • Alerts
Home » Law Dictionary » S » SEPARATE

SEPARATE

TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed.

Individual; distinct; particular ; disconnected. Generally used in law as opposed to “joint,” though the more usual antithesis of the latter term is “several.” Either of these words implies division, distribution, disconnection, or aloofness. See Merrill v. Pepperdine, 9 Ind. App. 416, 36 N. E. 921; Larzelere v. Starkweather, 38 Mich. 104. Separate action. As opposed to a joint action, this term signifies an action brought for himself alone by each of several complainants who are all concerned in the same transaction, but cannot legally join in the suit Separate demise in ejectment. A demise in a declaration in ejectment used to be termed a “separate demise” when made by the lessor separately or individually, as distinguished from a demise made jointly by two or more persons, which was termed a “joint demise.” No such demise, either separate or joint, is now necessary in this action. Brown.-Separate estate. The individual property of one of two persons who stand in a social or business relation, as distinguished from that which they own jointly or are jointly interested in. Thus, “separate estate,” within the meaning of the bankrupt law, is that in which each partner is separately interested at the time of the bankruptcy. The term can only be applied to such property as belonged to one or more of Ue partners, to the exclusion of the rest. In re Lowe, 11 Nat. Bankr. Rep. 221, Fed. Cas. No. 8,564. The separate estate of a married woman is that which belongs to her, and over which her husband has no right in equity. It may consist of lands or chattels. Williams v. King, 29 Fed. Cas. 1,369. Separate maintenance. An allowance made to a woman by her husband on their agreement to live separately. This must not be confused with “alimony,” which is judicially awarded upon granting a divorce. See Mitchell v. Mitchell, 31 Colo. 209, 72 Pac. 1054. Separate trial. The separate and individual trial of each of several persons jointly accused of a crime. As to separate “Acknowledgment,” “Covenant,” and “Examination,” see those titles.

Related Posts:

  • SEVERAL
  • SEVER
  • SEPARABLE CONTROVERSY
  • DEMISE
  • EJECTMENT
  • JOINDER OF ACTIONS

Filed Under: S

Add a New Legal Term

Can't find the legal word, term, phrase or abbreviation that you're seeking in our dictionary? Add or request a definition by filling out the short form below!

Add Dictionary Term
Sending

Law Dictionary & Guide App

Law App

Law App

Pro Law App

Pro Law App


  Over 2,000 Five Star Ratings

  •   Black's Law Dictionary 2nd Ed.
  •   Free: 14,000+ legal terms, Pro: 23,000+
  •   Law Guide & Law Journal
  •   Ask Questions & Get Answers
  •   Law Library & Lawyer Directory
  • Free Attorney Case Review

    Free legal consultation with a lawyer

    • About
    • FAQ
    • Contact
    • Disclaimer
    • Privacy
    • Legal Terms
    • Editorial Guidelines
    • © 1995 – 2016 TheLaw.com LLC
    Legal Disclaimer: The content appearing on our website is for general information purposes only. When you submit a question or make a comment on our site or in our law forum, you clearly imply that you are interested in receiving answers, opinions and responses from other people. The people providing legal help and who respond are volunteers who may not be lawyers, legal professionals or have any legal training or experience. The law is also subject to change from time to time and legal statutes and regulations vary between states. It is possible that the law may not apply to you and may have changed from the time a post was made. All information available on our site is available on an "AS-IS" basis. It is not a substitute for professional legal assistance. Before making any decision or accepting any legal advice, you should have a proper legal consultation with a licensed attorney with whom you have an attorney-client privilege. For purposes of New York and New Jersey State ethics rules, please take notice that this website and its case reviews may constitute attorney advertising.
    © Copyright 1995 - 2015 TheLaw.com LLC. All Rights Reserved
    Go to mobile version