Blacks Law Dict. 1st ed

MOVE

MORTUUM YADIUM

791

MOTION TOE JUDGMENT. In En glish practice. A proceeding whereby a party to an action moves for the judgment of the court in his favor. See Sup. Ct. Bules 1883, ord. 40. MOTION TO SET ASIDE JUDG MENT. This is a step taken by a party in an action who is dissatisfied with the judg ment directed to be entered at the trial of the action. MOTIVE. The inducement, cause, or reason why a thing is done. An act legal in itself, and which violates no right, is not actionable on account of the motive which actuated it. 5 Amer. Law Reg. (O. S.) 528. MOTU PBOPBIO. Lafc. Of his own motion. The commencing words of a certain kind of papal rescript. MOUBNING. The dress or apparel worn by mourners at a funeral and for a time aft erwards. Also the expenses paid for such apparel. MOVABLE. That which can be changed in place, as movable property; or in time, as movable feasts or terms of court. MOVABLES. Things movable; mova ble or personal chattels, which may be an nexed to or attendant on the person of the owner, and carried about with him from one part of the world to another. 2 Bl. Comm. 387. Movables consist— First, of inanimate things, as goods, plate, money, jewels, im plements of war, garments, and the like, or vegetable productions, as the fruit or othei parts of a plant when severed from the body of it, or the whole plant itself when severed from the ground; secondly, of animals, which have in themselves a principle and power of motion. 2 Steph. Comm. 67. In the civil law. Movables (mobilia,) properly denoted inanimate things; animals being distinguished as moventia, things mov. ing. Calvin. In Scotch law. "Movables"areopposed to " heritage." So that every species of prop erty, and every right a man can hold, is by that law either heritable or movable. Bell. MOVE. 1. To make an application to a court for a rule or order. 2. To propose a resolution, or recommend action in a deliberative body. 3. To pass over; to be transferred; as when the consideration of a contract is said to "move" from one party to the other. 4. To occasion; to contribute to; toten

MOBTUUM VADIUM. A dead pledge; a mortgage, (q. v.;) a pledge where the profits or rents of the thing pledged are not applied to the payment of the debt. MOBTUUS. Dead. So in sheriff's re turn, mortuut est, he is dead. Mortuus exitus non est exitus. A dead issue is no issue. Co. Iitt. 29. A child born dead is not considered as issue. Mos retinendus est fldelissimro vetus tatis. 4 Ck)ke, 78. A custom of the truest antiquity is to be retained. MOSTBENCOS. In Spanish law. Strayed goods; estrays. White, New Becop. b. 2, tit. 2, c 6. MOTE. Sax. A meeting; an assembly. Used in composition, as burgmote, folhmote, etc. MOTE-BELL. The bell which was used by the Saxons to summon people to the court. Cowell. MOTEEB. A customary service or pay ment at the mote or court of the lord, from which some were exempted by charter or privilege. Cowell. MOTHEB. A woman who has borne a child; a female parent; correlative to "son" or "daughter." MOTHER-IN-LAW. The mother of one's wife or of one's husband. MOTION. In practice. An occasional application to a court by the parties or their counsel, in order to obtain some rule or order, which becomes necessary either in the prog ress of a cause, or summarily and wholly un connected with plenary proceedings. A motion is a written application for an order addressed to the court or to a judge in vacation by any party to a suit or proceeding, or by any one interested therein. Bev. Code Iowa 1880, § 2911; Code N. Y. § 401. In parliamentary law. The formal mode in which a member submits a proposed measure or resolve for the consideration and action of the meeting. MOTION FOB DECREE. Under the chancery practice, the most usual mode of bringing on a suit for hearing when the de fendant has answered is by motion for de cree. To do this the plaintiff serves on the defendant a notice of his intention to move for a decree. Hunter, Suit Eq. 59; Daniell, Ch. Pr. 722.

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