Blacks Law Dict. 1st ed

SPECIAL ERRORS

1111

SPECIAL LICENSE

off; and this special indorsement (as it is called) of the writ is applicable in all actions where the plaintiff seeks merely to recover a debt or liquidated demand in money payable by the defendant, with or without interest, arising upon a contract, express or implied, as, for instance, on a bill of exchange, prom issory note, check, or other simple contract debt, or on a bond or contract under seal for payment of a liquidated amount of money, or on a statute where the sum sought to be re covered is a fixed sum of money or in the nature of a debt, or on a guaranty, whether under seal or not. Brown. SPECIAL INJUNCTION. An injunc tion obtained only on motion and petition, usually with notice to the other party. An injunction by which parties are re strained from committing waste, damage, or injury to property. 4 Steph. Comm. 12, note z. SPECIAL ISSUE. In pleading. An issue produced upon a special plea. So called as being usually more specific and particular than the general issues. Steph. PI. 162. SPECIAL JURISDICTION. A court authorized to take cognizance of only some few kinds of causes or proceedings expressly designated by statute is called a "court of special jurisdiction." SPECIAL JURY. In practice. A jury ordered by the court, on the motion of either party, in cases of unusual importance or in tricacy. Called, from the manner in which it is constituted, a "struck jury." 3 Bl. Comm. 357. A jury composed of persons above the rank of ordinary freeholders; usually summoned to try questions of greater importance than those usually submitted to common juries. Brown. SPECIAL LAW. A special law is such as, at common law, the courts would not notice, unless it were pleaded and proved like any other fact. 24 Ind. 34. A law, framed in general terms, restricted to no locality, and operating equally upon all of a group of objects, which, having regard to the purposes of the legislation, are distinguished by character istics sufficiently marked and important to make them a class by themselves, is not a special or lo cal law, but a general law. 40 N. J. Law, 128. SPECIAL LEGACY. A "specific leg acy" (q. v.) is sometimes so called. SPECIAL LICENSE. In English law. One grantee} by the archbishop of Canter

arising by death of the incumbent of the office. SPECIAL ERRORS. Special pleas in error are such as, instead of joining in error, allege some extraneous matter as a ground of defeating the writ of error, e. g., a release of errors, expiration of the time within which error might be brought, or the like. To these, the plaintiff in error may either reply or demur. SPECIAL EXAMINER. In English law. Some person, not one of the examiners of the court of ehancery, appointed to take evidence in a particular suit. This may be done when the state of business in the ex aminer's office is such that it is impossible to obtain an appointment at a conveniently early day, or when the witnesses may be unable to come to London. Hunt, Eq. pt. I. c. 5, § 2. SPECIAL EXECUTOR. One whose power and office are limited, either in respect to the time or place of their exercise, or re stricted to a particular portion of the dece dent's estate. SPECIAL FINDING. A specific ex pression of their conviction, made by a jury in relation to some matter of fact constitut ing a part of the general issue or question submitted to them. SPECIAL GUARANTY. A guaranty which is available only to the particular per son to whom it is offered or addressed; as distinguished from a general guaranty, which will operate in favor of any person who may accept it. SPECIAL GUARDIAN. One who has special or limited powers and duties with respect to his ward; as, a guardian who has the custody of the estate but not of the per son, or vice versa, or a guardian ad litem. SPECIAL IMPARLANCE. In plead ing. An imparlance which contains the clause, "saving to himself all advantages and exceptions, as well to the writ as to the dec laration aforesaid." 2 Chit. PI. 407. SPECIAL INDORSEMENT. An in dorsement in full, which specifically names the indorsee. SPECIAL INDORSEMENT OP WRIT. In English practice. The writ of summons in an action may, under Order iii. 6, be indorsed with the particulars of the amount sought to be recovered in the action, after giving credit for any payment or set

Archive CD Books USA