Blacks Law Dict. 1st ed

493

FILUM AQUJE

FINAL SETTLEMENT

FILUM AQTJJE. A thread of water; a line of water; the middle line of a stream of water, supposed to divide it into two equal parts, and constituting in many cases the boundary between the riparian proprietors on «ach side. FILUM FOREST2E. Lat. The border of the forest. 2 Bl. Comm. 419; 4 Inst. 303. FILUM VIM The thread or middle line of a road. An imaginary line drawn through the middle of a road, and constitut ing the boundary between the owners of the land on each side. 2 Smith, Lead. Cas. (Am. Ed.) 98, note. FIN. An end, or limit; a limitation, or period of limitation. FIN DE NON BECEVOIR. In French law. An exception or plea founded on law, which, without entering into the merits of the action, show8 that the plaintiff has no right to bring it, either because the time dur ing which it ought to have been brought has elapsed, which is called "prescription," or that there has been a compromise, accord and satisfaction, or any other cause which has destroyed the right of action which once sub sisted. Poth. Proc. Civile, pt. 1, c. 2, § 2, art. 2. FINAL. Definitive; terminating; com pleted; last. In its use in jurisprudence, this word is generally contrasted with "interlocu tory. " FINAL COSTS. Such costs as are to be paid at the end of the suit; costs, the lia bility for which depends upon the final re sult of the litigation. FINAL DECISION. One from which no appeal or writ of error can be taken. 47 111.167; 6 El. &B1. 408. FINAL DECREE. A decree in equity which fully and finally disposes of the whole litigation, detei mining all questions wised by tie case, and leaving nothing that requires further judicial action. FINAL DISPOSITION. When it is said to be essential to the validity of an award that it should make d "final disposi tion" of the matters embraced in the submis sion, this term means such a disposition that nothing fuither lemains to fix the rights and obligations of the paities, and no further con troversy or litigation is required or can arise on the matter. II is such an award that the party against whom it is made can perform

or pay it without any farther ascertainment of rights or duties. 50 Me. 401. FINAL HEARING. This term desig nates the trial of an equity case upon the merits, as distinguished from the hearing of any preliminary questions arising in the cause, which are termed "interlocutory." 24 Wis. 165. FINAL JUDGMENT. In practice. A judgment which puts an end to an action at law by declaring that the plaintiff either has or has not entitled himself to recover the remedy he sues for. 3 Bl. Comra. 398. So distinguished from interlocutory judgments, which merely establish the right of the plain tiff to recover, in general terms. Id. 397. A judgment which determines a paiticular cause. A judgment which cannot be appealed from, which is perfectly conclusive upon the mat ter adjudicated. 24 Pick. 300. A judgment which terminates all litigation on the same right. The term "final judgment," in the judiciary act of 1789, § 25, includes both species of judgments as just defined. 2 Pet. 494; 1 Kent, Comm. 316; 6 How. 201, 209. A judgment isfinaland conclusive between the parties, when rendered on a verdict on the merits, not only as to the facts actually liti gated and decided, but also as to all facts nec essarily involved in the issue. 26 Ala. 504. FINAL PASSAGE. In parliamentary law. The final passage of a bill is the vote on its passage in either house of the legisla ture, after it has received the prescribed num ber of readings on as many different days in that house. 54 Ala. 613. FINAL PROCESS. The last process in a suit; that is, writs of execution. Thus dis tinguished from mesne process, which in cludes all writs issued during the progress of a cause and before final judgment. FINAL RECOVERY. The final judg ment in an action. Also the final verdict in an action, as distinguished from the judgment entered upon it. 6 Allen, 243. FINAL SENTENCE. One which puts an end to a case. Distinguished from inter locutory. FINAL SETTLEMENT. This term, as applied to the administration of an estate, is usually understood to have reference to the order of court approving the account which closes the business of the estate, and which finally discharges the executor or administra

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