KFLCC Kingdom Law 2nd Ed.

1120

SUDDER

SUGGESTION

SUFFERING A RECOVERY. A re covery was effected by the party wishing to convey the land suffering a fictitious action to be brought against him by the party to whom the land was to be conveyed, (the de mandant,) and allowing the demandant to recover a judgment against him for the land in question. The vendor, or conveying par ty, in thus assisting or permitting the de mandant so to recover a judgment against him, was thence technically said to "suffer a recovery." Brown. SUFFICIENT. As to sufficient "Consid eration" and "Evidence," see those titles. Bishops who in former times were appointed to supply the place of others during their absence on embassies or other business were so termed. They were consecrated as other bishops were, and were anciently called "chorepiscopi," or "bishops of the county," in contradistinction to the regular bishops of the city or see. The prac tice of creating suffragan bishops, after hav ing long been discontinued, was recently re vived ; and such bishops are now permanent ly "assistant" to the bishops. Brown. A suffragan is a titular bishop ordained to aid and assist the bishop of the diocese in his spiritual function; or one who supplieth the place instead of the bishop, by whose suffrage ecclesiastical causes or matters committed to him are to be adjudged, acted on, or determined. Some writers call these suffragans by the name of "subsidiary bishops." Tomlins. A vote; the act of voting; the right or privilege of casting a vote at public elections. The last is the meaning of the term in such phrases as "the extension of the suffrage," "universal suffrage," etc. See Spitzer v. Fulton, 33 Misc. Rep. 257, 68 N. Y. Supp. 660. In Roman law. A vote; the right of voting in the assemblies of the people. Aid or influence used or promised to ob tain some honor or office; the purchase of office. Cod. 4, 3. Suggestion or representation of that which is false; false representation. To recite In a deed that a will was duly executed, when it was not, is suggestio falsi; and to conceal from the heir that the will was not duly executed Is suppressio veri. 1 P. Wms. 240. In practice. A state ment, formally entered on the record, of some fact or circumstance which will mate rially affect the further proceedings in the cause, or which Is necessary to be brought to the knowledge of the court in order to its right disposition of th* action, but which, for some reason, cannot be pleaded. Thus, if one of the parties dies after issue and be- SUFFRAGAN. SUFFRAGE. SUFFRAGIUM. La t SUGGESTIO FALSI. Lat. SUGGESTION.

passion is not the result of a former provoca tion, and the act must be directly caused by the passion arising out of the provocation at the time of the homicide. It is not enough that the mind is agitated by passion arising from a former or other provocation or a provocation given by some other person. Stell v. State (Tex. Cr. App.) 58 S. W. 75. And see Farrar v. State, 29 Tex. App. 250, 15 S. W. 719; Violett v. Comm. (Ky.) 72 S. W. 1; State v. Cheatwood, 2 Hill, Law (S. C.) 462. SUDDER. In Hindu law. The best; the fore-court of a house; the chief seat of gov ernment, contradistinguished from "mofus sil," or interior of the country; the presiden cy. Wharton. SUE. To prosecute by law; to commence legal proceedings against a party. It is ap plied almost exclusively to the institution and prosecution of a civil action. See Chal lenor v. Niles, 78 111. 78; Murphy v. Cochran, 1 Hill (N. Y.) 342; Kuklence v. Vocht, 4 Pa. Co. Ct. R. 372; U. S. v. Moore (C. C.) 11 Fed. 251. —Sue out. To obtain by application; to peti tion for and take out. Properly the term is applied only to the obtaining and issuing of such process as is only accorded upon an ap plication first made; but conventionally it is also used of the taking out of process which issues of course. The term is occasionally used of instruments other than writs. Thus, we speak of "suing out" a pardon. See South Missouri Lumber Co. v. Wright, 114 Mo. 326, 21 S. W. 811; Kelley v. Vincent, 8 Ohio St. 420; U. S. v. American Lumber Co., 85 Fed. 830, 29 a C. A. 431. In Spanish law. A small lot of ground. Particularly, such a lot within the limits of a city or town used for cul tivation or planting as a garden, vineyard ©r orchard. Building lots in towns and cities are called "solares." Hart v. Burnett, 15 Cal. 554. SUFFER. To suffer an act to be done, by a person who can prevent it, is to permit or consent to it; to approve of it, and not to hinder it. It implies a willingness of the mind. See In re Rome Planing Mill (C C.) 96 Fed. 815; Wilson v. Nelson, 183 U. S. 191, 22 Sup. Ct. 74, 46 L. Ed. 147; Selleck v. Selleck, 19 Conn. 505; Gregory v. U. S., 10 Fed. Cas. 1197; In re Thomas (D. C.) 103 Fed. 274. SUFFERANCE. Toleration; negative permission by not forbidding; passive con sent ; license implied from the omission or neglect to enforce an adverse right. — Sufferance -wharves. In English law. These are wharves in which goods may be land ed before any duty is paid. They are appointed for the purpose by the commissioners of the customs. 2 Steph. Comm. 500, note. SUERTE.

SUFFERENTIA FACIS.

A grant

La t

or sufferance of peace or truce.