Blacks Law Dict. 1st ed

ALIMENT

ALL THE ESTATE

60

ALIMENT. In Scotch law. To main tain, support, provide for; to provide with necessaries. As a noun, maintenance, sup port; an allowance from the husband's estate for the support of the wife. Paters. Corap. §§ 845, 850, 893. ALIMENTA. Lat. In the civil law. Aliments; means of support, including food, (cibaria,) clothing, (vestitus,) and habita tion, (habitatio.) Dig. 34, 1, 6. ALIMONY. The allowance made to a wife out of her husband's estate for her sup port, either during a matrimonial suit, or at its termination, when she proves herself en titled to a separate maintenance, and the fact of a marriage is established. Alimony is an allowance out of the hus band's estate, made for the support of the wife when living separate from him. It is either temporary or permanent. Code Ga. 1882, § 1736. The allowance which is made by order of court to a woman for her support out of her husband's estate, upon being separated from him by divorce, or pending a suit for divorce. Tub. St. Mass. 1882, p. 1287. By alimony we understand what is neces sary for the nourishment, lodging, and sup port of the person who claims it. It includes education, when the person to whom the ali mony is due is a minor. Civil Code La. art. 230. The term is commonly used as equally ap plicable to all allowances, whether annual or in gross, made to a wife upon a decree in di vorce. 107 Mass. 432. Alimony pendente lite is that ordered dur ing the pendency of a suit. Permanent alimony is that ordered for the use of the wife after the termination of the suit during their joint lives. AUO INTUITU. Lat. In a different view; under a different aspect. 4 Bob. Adm. & Pr. 151. With another view or object. 7 East, 558; 6 Maule & S. 234. Aliquid conceditur ne injuria rema neat impunita, quod alias non conce deretur. Something is (will be) conceded, to prevent a wrong remaining unredressed, which otherwise would not be conceded. Co. Litt. 1976. ALIQUID POSSESSIONS ET NI HIL JURIS. Somewhat of possession, and nothing of right, (bat no right.) A phrase

used by Bracton to describe that kind of pos session which a person might have of a thing as a guardian, creditor, or the like; and also that kind of possession which was granted for a term of years, where nothing could be demanded but the usufruct. Bract, fols. 39a, 160a. Aliquis non debet esse judex in pro pria" causa 1 , quia non potest esse judex et pars. A person ought not to be judge in his own cause, because he cannot act as judge and party. Co. Litt. 141; 3 Bl. Com in. 59. ALITER. Lat. Otherwise. A term often used in the reports. Aliud eat celare, aliud tacere. To con ceal is one thing; to be silent is anothei thing. Lord Mansfield, 3 Burr. 1910. Aliud est distinctio, aliud separatio. Distinction is one thing; separation is an other. It is one thing to make things dis tinct, another thing to make them separable. Aliud est possidere, aliud esse in pos sessione. It is one thing to possess; it is another to be in possession. Hob. 163. Aliud est vendere, aliud vendenti oon sentire. To sell is one thing; to consent to a sale (seller) is another thing. Dig. 50, 17, 160. ALIUD EXAMEN. A different or for eign mode of trial. 1 Hale, Com. Law, 38. ALIUNDE. Lat. From another source? from elsewhere; from outside. Evidence aliunde (i. e., from without the will) may be received to explain an ambiguity in a will. 1 Greenl. Ev. § 291. "ALL FAULTS." A sale of goods with "all faults" covers, in the absence of fraud on the part of the vendor, all such faults and defects as are not inconsistent with the iden tity of the goods as the goods described. 11& Mass. 242. ALL FOURS. Two cases or decisions which are alike in all material respects, and precisely similar in all the circumstances af fecting their determination, are said to be or to run on "all fours." ALL THE ESTATE. The name given in England to the short clause in a convey ance or other assurance which purports ta convey "all the estate, right, title, interest, claim, and demand" of the grantor, lessor, etc., in the property dealt with. Dav. Conv 93.

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