Blacks Law Dict. 1st ed

308

CUM DUO INTER SE, ETC.

CUMULATIVE VOTING

effect as I do it, it shall have as much effect as it can; i. e., in some other way. CUM TESTAMENTO ANNEXO. L Lat. With the will annexed. A term applied to administration granted where a testator makes an incomplete will, without naming any executors, or where he names incapable persons, or where the executors named refuse to act. 2 Bl. Comm. 503, 504. CUMULATIVE. Additional; heaping up; increasing; forming an aggregate. The word signifies that two things are to bo added together, instead of one being a repetition or in substitution of the other. CUMULATIVE EVIDENCE. Adoi tional or corroborative evidence to the same point. That which goes to prove what has already been established by other evidence. 20 Conn. 305; 28 Me. 376; 24 Pick. 246. AH evidence material to the issue, after any such evidence has been given, is in a certain sense cu mulative ; that is, is added to what has been given before. It tends to sustain the issue. But cumu lative evidence, in legal phrase, means evidence from the same or a new witness, simply repeating, in substance and effect, or adding to, what has been before testified to. 43 Barb. 212. Evidence is not cumulative merely because it tends to establish the same ultimate or principally controverted fact. Cumulative evidence is addi tional evidence of the same kind to the same point. 43 Iowa, 177. CUMULATIVE LEGACIES. These are legacies so called to distinguish them from legacies which are merely repeated. In the construction of testamentary instruments, the question often arises whether, where a testator has twice bequeathed a legacy to the same person, the legatee is entitled to both, or only to one of them; in other words, whetiier the second legacy must be considered as a mere repetition of the first, or as cumula tive, i. e., additional. In determining this question, the intention of the testator, if it appears on the face of the instrument, pre vails. Wharton. CUMULATIVE REMEDY. A remedy created by statute in addition to ono which still remains in force. CUMULATIVE SENTENCES. Sepa rate sentences (each additional to the others) imposed upon a defendant who has been con victed upon an indictment containing several counts, each of such counts charging a dis tinct offense. CUMULATIVE VOTING. A system of voting, by which the elector, having a number of votes equal to the number of ofli

cause of him who Is ia possession is the bet ter. Dig. 50, 17, 126. Cum duo inter se pugnantia reperi untur in testamento, ultimum ratum est. Where two things repugnant to each other are found in a will, the last shall stand. Co. Litt. 112&; Shep. Touch. 451; Broom, Max. 583. Cum duo jura concurrunt In una persona sequum est ac si essent in duo bus. When two rights meet in one person, it is the same as if they were in two persons. CUM GEANO SALIS. (With a grain of salt.) With allowance for exaggeration. Cum in corpore dissentitur, apparet nullam esse acceptionem. When there is a disagreement in the substance, it appears that there is no acceptance. 12 Allen, 44. Cum in testamento ambigue aut eti am perperam scriptum est benigne in terpretari et secundum id quod credi bile est eogitatum eredendum est. Dig. 34, 5, 24. Where an ambiguous, or even an erroneous, expression occurs in a will, it should be construed liberally, and in accord ance with the testator's probable meaning. Broom, Max. 568. Cum legitimse nuptiae factse sunt, pa trem liberi sequuntur. Children born under a legitimate marriage follow the con dition of the father. CUM ONEKE. With the burden; sub ject to an incumbrance or charge. What is taken cum onere is taken subject to an exist ing burden or charge. Cum par delicturn est duorum, sem per oneratur petitor et melior habetur possessoris causa. Dig. 50,17,154. When both parties are in fault the plaintiff must always fail, and the cause of the person in possession be preferred. CUM PEEA ET LOCULO. With satchel and purse. A phrase in old Scotch law. CUM PERTINENTIIS. With the ap purtenances. Bract, fol. 73b. CUM PRIVILEGIO. The expression of the monopoly of Oxford, Cambridge, and the royal printers to publish the Bible. Cum quod ago non valet ut ago, valeat quantum valere potest. 4 Kent, Comm. 493. When that which I do is of no

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