Blacks Law Dict. 1st ed

IN PAPER

605

IN NOTIS

firmly. Bract, fol. 372; Fleta, L 6, e. 14, §28. In omni re nascitur res quse ipsam rem exterminat. In everything there arises a thing which destroys the thing itself. Everything contains the element of its own destruction. 2 Inst. 15. IN OMNIBUS. In all things; on all points. "A case parallel in omnibus." 10 Mod. 104. In omnibus contractibus, sive nomi natis sive iunominatis, permutatio con tinetur. In all contracts, whether nominate or innominate, an exchange [of value, i. e. t a consideration] is implied. Gravin. lib. 2, § 12; 2 Bl. Comm. 444, note. In omnibus obligationibus in quibus dies non ponitur, prsesenti die debetur. In all obligations in which a date is not put, the debt is due on the present day; the lia bility accrues immediately. Dig. 50, 17, 14. In omnibus [fere] posnalibus judiciis, et eetati et imprudentiae succurritur. In nearly all penal judgments, immaturity of age and imbecility of mind are favored. Dig. 50, 17, 108; Broom, Max. 314. In omnibus quidem, maxime tamen in jure, sequitas spectanda sit. In all things, but especially in law, equity is to be regarded. Dig. 50, 17, 90; Story, Bailm. §257. IN PACATO SOLO. In a country which is at peace. IN PACE DEI ET REGIS. In the peace of God and the king. Fleta, lib. 1, c 31, § 6. Formal words in old appeals of murder. IN PAIS. This phrase, as applied to a legal transaction, primarily means that it has taken place without legal proceedings. Thus a widow was said to make a request in pais for her dower when she simply applied to the heir without issuing a writ. (Co. Litt. 326.) So conveyances are divided into those by matter of record and those by mat ter in pais. In some cases, however, "mat ters in pais" are opposed not only to "mat ters of record," but also to "matters in writ ing," i. e., deeds, as where estoppel by deed is distinguished from estoppel by matter in pais. (Id. 352a.) Sweet. IN PAPER. A term formerly applied to the proceedings in a cause before the rec ord was made up. 3 Bl. Comm. 406; 2 Bur

instruments. The translation is often used in wills at the present day. IN NOTIS. In the notes. In novo casu, novum remedium appo nendum est. 2 Inst. 3. A new remedy is to be applied to a new case. IN NUBIBUS. In the clouds; in abey ance, in custody of law. In nubibus, in mare, in terrct, vel in custodid legis, in the air, sea, or earth, or in the custody of the law. Tayl. Gloss. In case of abeyance, the inheritance is figuratively said to rest in nu bibus, or in gremio legis. IN NULLIUS BONIS. Among the goods or property of no person; belonging to no person, as treasure-trove and wreck were anciently considered. IN NUXiLO EST ERRATUM. In nothing is there error. The name of the common plea or joinder in error, denying the existence of error in the record or proceed ings; which is in the nature of a demurrer, and at once refers the matter of law arising thereon to the judgment of the court. 2 Tidd, Pr. 1173; 7 Mete. (Mass.) 285, 287. In obscura voluntate manumittentis, favendum est libertati. Where the ex pression of the will of one who seeks to manu mit a slave is ambiguous, liberty is to be favored. Dig. 50, 17, 179. In obsouris, inspici solere quod veri- •imilius est, aut quod plerumque fieri solet. In obscure cases, we usually look at what is most probable, or what most com monly happens. Dig. 50, 17. 114. In obscuris, quod minimum est sequi mur. In obscure or doubtful cases, we fol low that which is the least. Dig. 50,17,9; 2 Kent, Comm. 557. IN ODIUM SPOLIATORIS. In hatred of a despoiler, robber, or wrong-doer. 1 Gall. 174; 2 Story, 99; 1 Greenl. Ev. § 348. In odium spoliatoris omnia prsesu muntur. To the prejudice (in condemna tion) of a despoiler all things are presumed; every presumption is made against a wrong doer. 1 Vern. 452. In omni actione ubi duee concurrunt districtiones, videlicet, in rem'et in per sonam, ilia districtio tenenda est quse magis timetur et magis ligat. In every action where two distresses concur, that is, in rem and in personam, that is to be chosen which is most dreaded, and which binds most

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