Blacks Law Dict. 1st ed

IN POSSE

IN REBUS, ETC.

607

Che more favorable interpretation should be adopted. Dig. 50, 17, (197,) 155, 2; Flowd. 866, 124; 2 Hale, P. C. 365. IN FOSSE. In possibility; not in act ual existence. See IN ESSE. IN POTESTATE PABENTIS. In the power of a parent. Inst. 1, 8, pr.; Id. 1, 9; 2 Bl. Comm. 498. IN PB-ffiMISSOBUM P I D E M . In confirmation or attestation of the premises. A notarial phrase. In preeparatoriis ad judicium favetur actori. 2 Inst. 57. In things preceding judgment the plaintiff is favored. IN PB-ffiSENTI. At the present time. 2 Bl. Comm. 166. Used in opposition to in futuro. In prsesentia majoris potestatis, minor potestas cessat. In the presence of the su perior power, the inferior power ceases. Jenk. Cent. 214, c. 53. The less authority is merged in the greater. Broom, Max. 111. IN PBENDEB. L. Fr. In taking. A term applied to such incorporeal heredita ments as a party entitled to them was to take for himself; such as common. 2 Steph. Comm. 23; 3 Bl. Comm. 15. In pretio emptionis et venditionis, naturaliter licet contrahentibus se cir cumvenire. In the price of buying and sell ing, it is naturally allowed to the contracting parties to overreach each other. 1 Story, Cont. 606. IN PBIMIS. In the first place. A phrase used in argument. IN PBINCIPIO. At the beginning. IN PBOMPTU. In readiness; at hand. In propria causa nemo judex. No one can be judge in his own cause. 12 Coke, 13. IN PBOPBIA PERSONA. In one's own proper person. In quo quis delinquit, in eo de jure est puniendus. In whatever thing one offends, in that is he rightfully to be punished. Co. Iatt. 2336; Wing. Max. 204, max. 58. The punishment shall have relation to the nature of the offense. IN BE. In the affair; in the matter of. This is the usual method of entitling a judi cial proceeding in which there are not adver sary parties, but merely some res concerning which judicial action is to be taken, such as

a bankrupt's estate, an estate in the probate court, a proposed public highway, etc. It it also sometimes used as a designation of a proceeding where one party makes an appli cation on his own behalf, but such proceed ings are more usually entitled "Ex part* In re communi nemlnem dominorum jure facere quicquam, invito altero, posse. One co-proprietor can exercise no authority over the common property against the will of the other. Dig. 10, 3, 28. In re communi potior est conditio prohibentis. In a partnership the condi tion of one who forbids fs the more favora ble. In re dubia, benigniorem interpreta tionem sequi, uon minus justius est quam tutius. In a doubtful matter, to follow the more liberal interpretation is not less the juster than the safer course. Dig. 50, 17,192, 1. In re dubia, magis inficiatio quam affirmatio intelligenda. In a doubtful matter, the denial or negative is to be under stood, [or regarded,] rather than the affirm ative. Godb. 37. In re lupanari, testes lupanares admit tentur. In a matter concerning a brothel, prostitutes are admitted as witnesses. 6 Barb. 320, 324. In re pari potiorem causam esse pro hibentis constat. In a thing equally shared [by several] it is clear that the party refus ing [to permit the use of it] has the better cause. Dig. 10, 3, 28. A maxim applied to partnerships, where one partner has a right to withhold his assent to the acts of his copartner. 3 Kent, Comm. 45. In re propria iniquum admodum est alicui licentiam tribuere sententiee. It is extremely unjust that any one should be judge in his own cause. In rebus manifestis, errat qui authori tates legum allegat; quia perspicue vera non sunt probanda. In clear cases, he mistakes who cites legal authorities; for ob vious truths are not to be proved. 5 Coke, 67a. Applied to cases too plain to require the support of authority; "because," says the report, "he who endeavors to prove them obscures them." In rebus quae sunt favorabilia animse, quamvis sunt damnosa rebus, flat ali quando extensio statuti. 10 Coke, 101.

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