« AnteriorContinuar »
that each executor is liable for his own wrong agreed to be divided, into shares so as to be JOINT ACTION
JOINT STOCK COMPANY in some states as a matter of right; 1 Park. may have reposed in his co-executor: as, if Cr. Ca. 371.
he signs a receipt for money, in conjunction See Dicey, Parties ; Steph. Pl.
with another executor, and he receives no JOINT ACTION. An action brought part of the money, but agrees that the other by two or more as plaintiffs or against two or executor shall retain it, and apply it to his more as defendants. See 1 Parsons, Contr. ; own use, this is his own misapplication, for Actions; JOINDER, $ 1.
which he is responsible; 1 P. Wms. 241, n. JOINT BOND. The bond of two or 1; 1 Sch. & L. 341 ; 2 id. 231; 7 East, 256; more obligors, the action to enforce which 11 Johns. 16; 11 S. & R. 71;'5 Johns. Ch?
283. And see 2 Brown, Ch. 116; 3 id. 112. must be joint against them all.
Fonbl. Eq. b. 2, c. 7, s. 5, n. k. JOINT AND SEVERAL BOND. A Upon the death of one of several joint exebond of two or more obligors, who bind them- cutors, the right of administering the estate of selves jointly and severally to the obligees, the testator devolves upon the survivors; 3 Atk. who can sue all the obligors jointly, or any | 509; Comyns, Dig. Administration (B 12). one of thein separately, for the whole amount, JOINT INDICTMENT. One indictbut cannot bring a joint action against part, – ment brought against two or more offenders, that is, treat it as joint as to some and seve. charging the defendants jointly. It may be ral as to others. Upon the payment of the where there is a joint criminal act, without whole by one of such obligors, a right to con- any regard to any, particular personal detribution arises in bis favor against the other fault or defect of either of the defendants : obligors.
thus, there may be a joint indictment against JOINT CONTRACT. One in which the joint keepers of a gaming-house. 1 Ventr. the contractors are jointly bound to perform 302; 2 Hawk. Pl. Cr. 240. the promise or obligation therein contained, JOINT STOCK BANKS. In English or entitled to receive the benefit of such Law. A species of quasi corporations, or promise or obligation. It is a general rule that a joint contract sur
companies regulated by deeds of settlement. vives, whatever may be the beneficial interests tiov as other unincorporated bodies; but they
In some respects they stand in the same situaof the parties under it. When a partner, differ from the latter in this, that they are incovenantor, or other person entitled, having vested by certain statutes with powers and privithe land, dies, the right to sue survives in the enactments provide for the continuance of the other partner, etc. ; 1 Dall. 65, 248; Addi- partnership notwithstanding a change of partson, Contr. 285. And when the obligation partner of his share, does not affect the identity
The death, bankruptcy, or the sale by a or promise is to perform something jointly by 1 of the partnership; 'it continues the same body, the obligors or promisors, and one dies, the under the same name, by virtue of the act of action must be brought against the survivor; parliament, notwithstanding these changes. 7 Hamm. Partn. 156; Barb. Partn.
Geo. IV. c. 46, s. 9. When all the parties interested in a joint JOINT STOCK COMPANY. An assocontract die, the action must be brought by ciation of individuals for purposes of profit, the executors or administrators of the last possessing a common capital contributed by surviving obligee against the executors or the members composing it, such capital being administrators of the last surviving obligor; commonly divided into shares, of which each Add. Contr. 285. See Contracts; PAR- member possesses one or more, and which are TIES TO Actions ; Co-OBLIGOR.
transferable by the owner. The business of JOINT EXECUTORS. Those who are the association is under the control of certain joined in the execution of a will.
selected individuals, called directors; such Joint executors are considered in law as
an association was, at common law, merely but one person representing the testator; a large partnership; Shelford, Joint st.
A quasi partnership, invested by which relate either to the delivery, gift, sale, statutes, in England and many of the states, payment, possession, or release of the tes with some of the privileges of a corporation. Sator's goods, are deemed, as regards the per- See 10 Wall. 556 ; L. R. 4 Eq. 695.
There is in such a company no dilectus perBacon, Abr.; 11 Viner, Abr. 358; Comyns sonarum, that is, no choice about admitting Dig: Administration (B 12); 1 Dane, "Xbr: partners; the shares into which the capital is out the 337. But an executor cannor with person holding them, and the assignee becomes out the knowledge of his co-executor, confess a partner by virtue of the transfer, and the barred by the act of liinilations, so was to being are determined by articles of association, or,
in England, by a deed of settlement. А As a general rule, it may be laid down partnership whereof the capital is divided, or o devastavit only, and not for that of his tool transferable without the express consent of ever, for the misplaced confidence whicho We The 7 & 8 Viet. includes within the term joint
the estate of the testator ; 6 Penn. 267.
-stock company all life, fire, and marine insur- trustees, if the receipt be given for the mere ance companies, and every partnership con- purposes of form. But if receipts be given sisting of more than twenty-five members. under circumstances purporting that the In this country, where there were formerly money, though not received by both, was no statutes providing for joint stock com- under the control of both, such a receipt panies, they were rather to be regarded as shall charge, and the consent that the other partnerships ; 2 Lindl. Part. 1083 ; 63 Penn. shall misapply the money, particularly where 273; 3 Kent, 262. Statutes regulating the he has it in his power to secure it, renders formation of these companies exist in New him responsible ; 11 S. & R. 71. See 1 York, Massachusetts, and Maine. In New Sch. & L. 341; 5 Johns. Ch. 283; Bac. York they have all the attributes of a cor-Abr. Uses and Trusts, K; 2 Brown, Ch. poration, except the right to have and use a 116; 3 id. 112. common seal, and an action is properly JOINTRESS, JOINTURESS. A wo brought for or against the president or treas
man who has an estate settled on her by her urer; 74 N. Y. 234; but it has been held husband, to hold during her life, if she surthat a company formed under the New York rive him. Co. Litt. 46. law, is not a corporation, but must be sued as a partnership; 128 Mass. 445; 60 Me. 468; both husband and wife. A competent liveli
JOINTURE. A joint estate limited to contra, 50 Barb. 157; 6 N. Y. 542. English joint stock company, however, is held hood of freehold for the wife, of lands and to be a corporation in this country; 10 Wall. tenements, to take effect, in profit or posses566; see infra. The words, joint stock sion, presently after the death of the husband,
for the life of the wife at least. company, in the Massachusetts statutes, refer to companies organized under the general Hen. VIII. c. 10, commonly called the stat
Jointures are regulated by the statute of 27 laws as corporations ; 121 Mass. 524.
ute of uses. "A joint stock company (in this case a fire insurance company) which by its deed of circumstances must concur, namely: It must
To make a good jointure, the following settlement in England and certain acts of take effect, in possession or profit, immediately parliament is endowed with the faculties and from the death of the husband. It must be powers mentioned below, is a corporation and for the wife's life, or for some greater estate. will be so held in this country, notwithstanding the acts of parliament declaring it shall It must be limited to the wife herself, and not
other not be so held. These faculties and powers be made in satisfaction for the wife's whole
person in trust for her. It must are: 1. A distinctive artificial name by which it can make contracts. 2. A statutory form to limited to the wife must be expressed or
dower, and not of part of it only. The estate sue and be sued in the name of its officers as representing the association. 3. A statutory
averred to be in satisfaction of her whole recognition of the association as an entity dis- dower. It must be made before marriage. A tinct from its members, by allowing them to jointure attended with all these circumstances sue and be sued by it. 4. A provision for its is binding on the widow, and is a complete
bar to the claim of dower; or, rather, it preperpetuity by transfer of its shares, so as to secure succession of membership: Such cor- modes of limiting an estate to a wife, which,
vents its ever arising. But there are other porations, whether organized under the laws Lord Coke says, are good jointures within of a state of the Union, or a foreign govern- the statute, provided the wife accepts of them ment, may be taxed by another state, for the after the death of the husband. She may, privilege of conducting their corporate business within the latter." 10 Wall. 566. See
however, reject them, and claim her dower; Shelf. ; Steph. ; Joint St. Co.; Lindl. Parnt. its more enlarged sense, a jointure signifies a
Cruise, Dig. tit. 7; 2 Bla. Com. 137. In JOINT TENANTS. Two or more per- joint estate limited to both husband and wife; sons to whom are granted lands or tenements 2 Bla. Com. 137. See 14 Viner, Abr. 540; to hold in fee-simple, fee-tail, for life, for Bacon, Abr. ; _2 Bouvier, Inst. n. 1761 et years, or at will.
2 Bla. Com. 179. The seq.; Washb. R. P. estate which they thus hold is called an estate JOUR. A French word, signifying day. in joint tenancy. See EstATE IN Joint It is used in our old luw-books : as, tout jours, TENANCY; Jus ACCRESCENDI; Survivor. forever. It is also frequently employed in
JOINT TRUSTEES. Two or more per the composition of words: as, journal, a daysons who are intrusted with property for the book; journeyman, a man who works by the benefit of one or more others.
day; journeys account. Unlike joint executors, joint trustees can JOURNAL In Maritime Law. The not act separately, but must join both in book kept on board of a ship or other vessel conveyances and receipts; for one cannot sell which contains an account of the ship's without the others, or receive more of the course, with a short history of every occur consideration-money or be more a trustee rence during the voyage. Another name for than his partner. The trust having been log-book. Chitty, Law of Nat. 199. given to the whole, it requires their joint act In Commercial Law. A book used to do anything under it. They are not re- among merchants, in which the contents of sponsible for money received by their co the waste-book are separated every month,
Judaismo, inquo fuit impignorata. Du Cange. law were referred to the centumviri, but parJOURNEYS ACCOUNT 11
JUDGE and entered on the debtor and creditor side, ment of the magistrate for the special case, for more convenient posting in the ledger. judged causes.
In Legislation. An account of the pro Thus, the prætor was formerly called juder. ceedings of a legislative body.
But, generally, prætors and magistrates who The constitution of the United States, art. 1, judge of their own right are distinguished from 5. 5, directs that “each house shall keep a judices, who are private persons. appointed by journal of its proceedings, and from time to time the prætor, on application of the plaintiff, to try publish the same, excepting such parts as may, the cause, as soon as issue is joined, and furin their judgment, require secrecy." See 2 nished by him with instructions as to the legal Story, Const. 301.
principles involved. They were variously called The constitutions of the several states contain judices delegati, or pedanei, or speciales. They similar provisions.
resemble in many respects jurors : thus, both The journal of either house is evidence of the are private persons, brought in at a certain action of that house upon all matters before it; stage of the proceedings, viz., issue joined, to 7 Cow. 613; Cowp. 17. It is a public record of try the cause, under instructions from the judge which the courts may take judicial notice; 5 as to the law of the case. But civilians are not W.Va. 85; s. c. 17 Am. Rep. 28; 16 id. 647; clear whether the judices had to decide the fact 91 U. S. 260. Contra, 45 III. 119; 2 Cent. L. J. alope, or the law and fact. The judex resembles 407. If it should appear therefrom that any in many respects the arbitrator, or arbiter, the act did not receive the requisite vote, or that chief differences being, first, that the latter is the act was not constitutionally adopted, the appointed in cases of trust and confidence, the courts may adjudge the act void ; Cooley, Const. former in cases where the relations of the par. Lim. 16t. But every reasonable presumption is ties are governed by strict law (in pactionibus made in favor of the action of a legislative body; strictis) ; second, the latter has the whole con. it will not be presumed from the mere silence of trol of case, and decides according to equity and the journals that either house disregarded a good conscience, the former by strict formulæ constitutional requirement in the passage of an third, that the latter may be a magistrate, the act, unless in cases where the constitution has former must be a private person ; fourth, that the required the journals to show the action that award of the arbiter derives its force from the has been taken ; 25 I11. 181; 11 Ind. 424. agreement of submission, while the decree of
JOURNEYS ACCOUNT. In English the judex has its sanction in the command of the Practice. A new writ which the plaintiti prætor to try the cause; Calvinus, Lex.;, 1 was permitted to sue out within a reasonable Law, Kaufmann ed. § 193, note.
Spence, Eq. Jur. 210, note; Mackeldey, Civ. time after the abatement, without his fault, of the first writ. This time was compated with
There was generally one judex, sometimes reference to the number of days which the three,-in which case the decision of two, in plaintiff must spend in journeying to reach the absence of the third, had no effect. Calthe court: hence the name of journeys ac- vinus, Lex. Down to the time of handing Count, that is, journeys accomptes or counted over the cause to the juder, that is, till issue This writ was quasi a continuance of the joined, the proceedings were before the prefirst writ, and so related back to it as to oust tor, and were said to be in jure; after that, the defendant or tenant of his voucher, plea before the judex, and were said to be in judifered, or any other plea arising upon matter glo-Saxon system of judicature. 1 Spence, happening after date of the first writ. Co. Eq. Jur. 67.
In Civil Law. A judge who conducts the This mode of proceeding has fallen into trial from beginning to end ; magistratus, disuse, the practice now being to permit that The practice of calling in judices was disused writ to be quashed, and to súe out another before Justinian's time therefore, in the See Termes de la Ley; Bacon, Abr. Abate Code, Institutes, and Novels, judex means mint (); 14. Viner, Abr. 558; 4 Comyn, judge in its modern sense. Heineccius, Elem. Dig. 714; 7 M. & G. 762; 8 Cra. 84.
Jur. Civ. $ 1327. JUBILACION. In Spanish Law. The
In Old English Law. A juror. Spelright of a public officer to retire from office, man, Gloss. Å judge, in modern sense, esperetaining his title and his salary, either in cially — as opposed to justiciarius, i. e. a comwhole or in part, after he has attained the mon-law judge—to denote an ecclesiastical at least twenty years, whenever his infirmi
fifty years and been in public service judge. Bracion, fol. 401, 402. prevent him from discharging the duties Civil Law.
JUDEX ORDINARIUS (Lat.). In
A judge who had jurisdiction
by his own right, not by another's appointJUDAISMUS (Lat.). The religion and ment. Calvinus, Lex. ; , Vicat, Voc. Jur. et apart for residence of Jews. Du Cange. cided only questions of fact, while questions Sisusurious rate of interest.** i Mon. Angl: of law were referred to the centumviri; op mijn zid. 10, 665. Ser marcus sterling- but this would seem to be rather the definition from income anciently aceruing to the king ticular actions : 6.9. querela inofficiosi testa
menti. See 2 Bla. Com. 315; Vicat, Voc.
JUDGE. A public officer lawfully ap
Litt. fol. 9 b.
ties of his office.
JUDEX (Lat.). In Roman Law. One who, either in his own right or by appoint
ing to law,
pointerl to decide litigated questions accord- even though the proper number may have
concurred in the result, which includes the An officer so named in his commission, who interested judge; 6 Q. B. 753. The objecpresides in some court.
tion may be raised for the first time in the In its most extensive sense the term includes appellate court; 6 Cush. 332; 3 H. L. C. 387. all officers appointed to decide litigated ques A judge is not competent as a witness in a tions while acting in that capacity, including cause trying before him, for this among other justices of the peace, and even jurors, it is said, reasons, that he can hardly be deemed capawho are judges of the facts; 4 Dall, 229;13 ble of impartially deciding on the admissiterm is limited to the sense of the second of the bility of his own testimony, or of weighing it definitions here given; 15 III. 388; unless it may against that of another; 2 Mart. La. N. 8.312; be that the case of a justice or commissioner act-2 Cal. 358. See Comyn, Dig. Courts (B 4), ing judicially is to be considered an extension of (C 2), (E 1), (P 16), Justices (I 1, 2, 3); this meaning. See 3 Cush. 584.
Bacon, Abr. Courts (B); 1 Kent, 291; Judges are appointed or elected in a vari- CHARGE. ety of ways in the United States. For the While acting within the bounds of his jurisfederal courts they are appointed by the diction, the judge is not responsible for any president, by and with the consent of the error of judgment or mistake he may commit senate; in some of the states they are ap- as judge; 12 Co. 23; 2 Dall. 160 ; 2 N. & pointed by the governor, the governor and M'C. 168; 1 Day, Conn. 315 ; 5 Johns. 282; senate, or by the legislature. See 11 Ind. 9 id. 395; 3 A. K. Marsh. 76; 1 South. 74; 357 ; 29 Penn. 129; 2 Greene, Iowa, 458; 1 N. H. 374. It has been said that a judge 6 Ired. 5. The judges of the federal courts, of a court of superior jurisdiction is not liable and of the courts of some of the states, hold for acts done in excess of his jurisdiction ; 2 their offices during good behavior; see 3 Cush. Bla. Rep. 1141 (dictum); 13 Wall. 335. Field, 58+; of others, as in New York, during good J., in 7 Wall. 523, said, obiter, that a judge of behavior, or until they shall attain a certain a court of superior jurisdiction is not liable age; and of others, for a limited term of years. when he acts in excess of his jurisdiction, See 30 Miss. 206.
except for malice. In 73 N. Y. 12, this Impartiality is the first duty of a judge: if point was so decided, but the court drew a he has any (the slightest). interest in the distinction between the case where the judge cause, he is disqualified from sitting as judge; had acquired no jurisdiction at all, and the aliquis non debet esse judex in propria causa; case where the act was merely in excess of 8 Co. 118;
Pic 109; 21 id. 101; 14 S. jurisdiction after jurisdiction had been ac& R. 157; 4 Ohio St. 675; 17 Ga. 253 ; 17 quired. There the judge of the circuit court Barb. 414; 22 N. H. 473; 19 Conn. 585. had imposed a resentence upon a prisoner, It is said to be discretionary with him whether and he was accordingly imprisoned; the suhe will sit in a cause in which he has been preme court held the second sentence illegal, of counsel ; 2 A. K. Marsh. 517; Coxe, N. J. and discharged the prisoner. These cases
See 2 Binn. 454; 5 Ind. 230. But have been doubted in an article in 15 Am. L. the practice is to refuse to sit in such case. Rev. 442. There is no distinction between a And in 5 Coldw. 217, it was held that where judge acting in court and acting judicially out the judge who rendered the judgment in the of court, that is, in chambers ; 3 Moore, P. C. case had been counsel in it, the judgment was 52; Wilm. 208. a nullity. A magistrate authorized to sign "A judge of a court not of record is not writs cannot sign them in his own case; 47 | liable for any injury sustained which is the Conn. 316.
result of an honest error of judgment in a When the lord chancellor, who was a matter wherein the court has jurisdiction, and shareholder in a company in whose favor the when the act done is not of a purely minisvice chancellor had made a decree, affirmed terial nature." The rule is thus stated in this decree, the house of lords reversed this 15 Am. L. Rev. 444. See further an article decree on that ground; 3 H. L. C. 759; in Ir. L. T. and Sol. J., Nov. 13, 1880; 6 Am. where there is no other tribunal that can act, Dec. 303 ; 29 Am. Rep. 80’n. ; 23 Am. the judge may hear the case; 5 H. L. C. 88; Rep. 690. 19 Johns. 501; contra, Hopk. Ch. 2; 105 A judge who acts corruptly may be imMass. 221. See Cooley, Const. Lim. 515; peached ; 5 Johns. 282; 8 Cow. 178; 4 25 Mich. 83.
Dall. 225. It has been held that where the interest of JUDGE ADVOCATE. An officer of a the judge is merely that of a corporator in a court-martial who is to discharge certain duties municipal corporation, the legislature may at the trial of offenders. His duties are to provide that this shall constitute no disquali- prosecute in the name of the United States; fication when the corporation is a party – ap- but he shall so far consider himself as counsel parently on the ground that the interest is for the prisoner, after the prisoner shall have insignificant; 1 Gray, 475. But it is doubt- made his plea, as to object to leading quesful whether even the legislature can go beyond tions to any of the witnesses, or any question this class of cases an:1 abolish the maxim; to the prisoner the answer to which miglit Cooley, Const. Lim. 516.
tend to criminate himself. He is, further, to If one of the judges is disqualified on this swear the members of the court before they ground, a judgment rendered will be roid, proceed upon any trial. Rules and Articles
of War, art. 69; 2 Story, U. S. Laws, 1001; which has been given after the parties have Holt, Dig. passim.
been heard either in support of their claims JUDGE'S CERTIFICATE. In English or in their defence. 11 La. 366. It is used Practice. The written statement of the in Louisiana to distinguish such judgments judge who tried the cause that one of the
from those rendered by default. ties is entitled to costs in the action. It is Judgment by default is a judgment renvery important in some cases that these certi- dered in consequence of the non-appearance ficates should be obtained at the trial. See of the defendant. Tidd, Pr. 879; 3 Chitty, Pr. 458, 486; 3 Judgment in error is a judgment rendered Campb. 316 ; 5 B. & Ald. 796. A state-| by a court of error on a record sent up from ment of the opinion of the court, signed by an inferior court. the judges, upon a question of law submitted Final judgment is one which puts an end to to them by the chancellor for their decision. a suit. See 3 Bla. Com. 453; CASE STATED.
Interlocutory judgment is one given in the JUDGE-MADE LAW. A phrase used progress of a cause upon some plea, proceedto indicate judicial decisions which construe ing, or default which is only intermediate and away the meaning of statute, or find mean
does not finally determine or complete the ings in them the legislature never intended. suit. 3 Bla. Com. 396. It is sometimes used as meaning, simply, the
Judgment of nil capiat per breve or per billaw established by judicial precedent. Cooley,
lam is a judgment in favor of the defendant Const. Lim. 70, n.
See Austin, Prov, oł upon an issue raised upon a declaration or Jur.
Judgment by nil dicit is one rendered JUDGE'S NOTES. Short statements, against a defendant for want of a plea. noteil by a judge on the trial of a cause, of Judgment of nolle prosequi is a judgment what transpires in the course of such trial.
entered against the plaintiff where after apThey usually contain a statement of the testimony of witnesses, of documents offered will not further prosecute his suit.” Steph.
pearance and before judgment he says "he or admitted in evidence, of offers of evidence Pl. 130. anil whether it has been received or rejected, and the like matters.
Judgment of non obstante veredicto is a judg
ment rendered in favor of one party withIn general, judge's notes are not evidence out regard to the verdict obtained by the of what transpired at a former trial, nor can other party. they be read to prove what a deceased witness swore to on such former trial; for they are no one given against the plaintiff for a neglect
Judgment of non pros. (non prosequitur) is part of the record, and he is not officially to take any of those steps which it is incumbound to make them. But in chancery, when bent on him to take in due time. a new trial is ordered of an issue sent out of chancery to a court of law, and it is sug- which is rendered when, instead of entering
Judgment by non sum informatus is one gested that some of the witnesses in the for- a plea, the defendant's attorney says he is not mer trial are of an advanced age, an order informed of any answer to be given to the may be made that, in the event of death or action.' Steph. Pl. 130. inability to attend, their testimony may be read from the judge's notes ; 1 Greenl. Ev. against the plaintiff when he, on trial by jury,
Judgment of non suit, a judgment rendered § 166. JUDGMENT. In Practice. The con- of the defendant, to be present while the jury
on being called or demanded, at the instance clusion of law upon facts found, or adınitted give their verdict, fails to make an appearby the parties, or upon their default in the course of the suit. 'Tidd, Pr. 930; 32 MU.
Judgment pro retorno habendo is a judgment The decision on sentenee of the law, given
that the party have a return of the goods. by a court of justice or other competent tri- an action of account-render that the defend
Judgment quod computet is a judgment in bunal, as the result of proceedings instituted ant do account. therein for the redress of an injury.. 3 Bla. Com. 395; 12 Minn. 437.
Judgment quod partitio fiat is the interlothe end of the law; 51 Penn. 373.
It is said to be cutory judgment in a writ of partition that Judgment of cassetur breve or billa (that
partition be made. the writ or bill be quashed) is a judgment ment for repleader? See KepleADER.
Judgment quod partes replacitent is a judgrendered in favor of a party pleading in abatement to a writ or action. Steph. Pl. favor of the plaintiff (that he do recover) ren
Judgment quod recuperet is a judgment in 130, 131,
dered when he has prevailed upon an issue Judgment by confession is a judgment en- in fact or an issue in law other than one aristered for the plaintiff in case the defendant, ing on a dilatory plen. Steph. Pl. 126. instead of entering a plea, confesses the action, or at any time before trial confesses the ment given against the defendant after he
Judgment of respondeat ouster is a judgaction and withdraws his plea and other alle has failed to establish a dilatory plea upon Contradictory judgment is a judgment
which an issue in law has been raised.
Judgment of retraxit is one given against