KFLCC Kingdom Law 2nd Ed.

205

CLAIM

CLANDESTINE

CLAIM, n. 1. A challenge of the proper ty or ownership of a thing which is wrongful ly withheld from the possession of the claim ant Stowel v. Zouch, Plowd. 359; Robinson r. Wiley, 15 N. Y. 491; Fordyce v. Godman, 20 Ohio St 14; Douglas v. Beasley, 40 Ala. 147; Prigg v. Pennsylvania, 16 Pet. 615, 10 L. Ed. 1060; U. S. v. Rhodes (C. C.) 30 Fed. 433; Sllliman v. Eddy, 8 How. Prac. (N. Y.) 123. A claim is a right or title, actual or supposed, to a debt, privilege, or other thing in the pos session of another; not the possession, but the means by or through which the claimant ob tains the possession or enjoyment. Lawrence v. Miller, 2 N. Y. 245, 254. A claim is, in a just, juridical sense, a demand of some matter as of right made by one person upon another, to do or to forbear to do some act or thing as a matter of duty. A more lim ited, but at the same time an equally expressive, definition was given by Lord Dyer, that "a claim is a challenge by a man of the propriety or ownership of a thing, which he has not in possession, but which is wrongfully detained from him." Prigg v. Pennsylvania, 16 Pet 615, 10 L. Ed. 1060. "Claim" has generally been defined as a de mand for a thing, the ownership of which, or an interest in which, is in the claimant, but the possession of which is wrongfully withheld by another. But a broader meaning must be ac corded to it A demand for damages for crim inal conversation with plaintiff's wife is a claim; but it would be doing violence to lan guage to say that such damages are property of plaintiff which defendant withholds. In com mon parlance the noun "claim" means an asser tion, a pretension; and the verb is often used (not quite correctly) as a synonym for "state," "urge/' "insist" or "assert." In a statute au thorizing the courts to order a bill of partic ulars of the "claim" of either party, "claim" is co-extensive with "case," and embraces all caus es of action and all grounds of defense, the pleas of both parties, and pleas in confession and avoidance, no less than complaints and counter-claims. It warrants the court in re quiring a defendant who justifies in a libel suit to furnish particulars of the facts relied upon in justification. Orvis v. Jennings, 6 Daly (N. Y.) 446. 2. Under the mechanic's lien law of Penn sylvania, a demand put on record by a me chanic or material-man against a building for work or material contributed to its erec tion is called a "claim." 3. Under the land laws of the United States, the tract of land taken up by a pre emptioner or other settler (and also his pos session of the same) is called a "claim." Rail road Co. v. Abink, 14 Neb. 95, 15 N. W. 317; Bowman v. Torr, 3 Iowa, 573. 4. In patent law, the claim Is the speci fication by the applicant for a patent of the particular things in which he insists his in vention is novel and patentable; it is the clause in the application in which the appli cant defines precisely what his invention is. White v. Dunbar, 119 U. S. 47, 7 Sup. Ct. 72, 30 L. Ed. 303; Brammer v. Schroeder, 106 Fed. 930, 46 C. C. A. 41. — Adverse claim. A claim set up by a stran ger to goods upon which the sheriff has levied an execution ex attachment—Claim and de

livery. An action at law for the recovery of specific personal chattels wrongfully taken and detained, with damages which the wrongful tak ing or detention has caused; in substance a modern modification of the common-law action of replevin. Fredericks v. Tracy, 98 Cal. 658, 33 Pac. 750; Railroad Co. v. Gila County, 8 Ariz. 292, 71 Pac. 913. —Claim in equity. In English practice. In simple cases, where there was not any great conflict as to facts, and a discovery from a de fendant was not sought but a reference to chambers was nevertheless necessary before final decree, which would be as of course, all parties being before the court, the summary proceed ing by claim was sometimes adopted, thus ob viating the recourse to plenary and protracted pleadings. This summary practice was created by orders 22d April, 1850, which came into operation on the 22d May following. See Smith, Ch. Pr. 664 By Consolid. Ord. 1860, viii, r. 4, claims were abolished. Wharton.—Claim of conusance. In practice. An intervention by a third person in a suit claiming that he has rightful jurisdiction of the cause which the plaintiff has commenced out of the claimant's court Now obsolete. 2 Wils. 409; 3 Bl. Comm. 298.—Claim of liberty. In English practice. A suit or petition to the queen, in the court of exchequer, to have liberties and franchises confirmed there by the attorney gen eral.—Counter-claim. A claim set up and urged by the defendant in opposition to or re duction of the claim presented by the plaintiff. See, more fully, COUNTEE-GJ^AIM. In admiralty practice. The name given to a person who lays claim to property seized on a libel in rem, and who is authorized and admitted to defend the action. The Conqueror, 166 U. & 110, 17 Sup. Ct 510, 411* Ed. 937. CLAM. Lat In the civil law. Covertly; secretly. —Clam, vi, aut precario. A technical phrase of the Roman law, meaning by force, stealth, or importunity. Clam dellnquentes magis puniuntur quam palam. 8 Coke, 127. Those sinning secretly are punished more severely than those sinning openly. C1AMEA ADMITTENDA IN ITTNERE PER ATTORNATUM. An ancient writ by which the king commanded the justices in eyre to admit the claim by attorney of a person who was in the royal service, and could not appear in person. Reg. Orig. 19. claim or complaint; an outcry; clamor. In the civil law. A claimant. A debt; anything claimed from another. A procla mation; an accusation. Du Cange. The "clandestine importation" of goods is a term used in English statutes as equivalent to "smuggling." Keck v. U. S., 172 U. S. 434, 19 Sup. Ct 254, 43 L. Ed. 505. A clandestine marriage is (legally) one contracted without observing the conditions precedent prescribed by law, such as publica tion of bans, procuring a license, or the like. CLA I MANT . CLAMOR. In old English law. A CLANDESTINE. Secret; hidden; con cealed.