KFLCC Kingdom Law 2nd Ed.

446

EVIDENCE

EVENT

In a more popular sense, the term denotes turning a tenant of land out of possession, either by re-entry or by legal proceedings, such as an action of ejectment. Sweet. By a loose extension, the term is some times applied to the ousting of a person from the possession of chattels; but, prop erly, it applies only to realty. In the civil law. The abandonment which one is obliged to make of a thing, in pursuance of a sentence by which he is con demned to do so. Poth. Contr. Sale, pt. 2, c. 1, § 2, art 1, no. 83. The abandonment which a buyer is compelled to make of a thing purchased, in pursuance of a judicial sentence. Eviction is the loss suffered by the buyer of the totality of the thing sold, or of a part thereof, occasioned by the right or claims of a third person. Civil Code La. art. 2500. —Actual eviction is an actual expulsion of the tenant out of all or some part of the demis ed premises; a physical ouster or dispossession from the very thing granted or some substantial part thereof. Knotts v. McGregor, 47 W. Va. 566, 35 S. E. 899; Talbott v. English, 156 Ind. 299, 59 N. E 857; Seigel v. Neary, 38 Misc. Rep. 297, 77 N. Y. Supp. 854.— Constructive eviction, as the term is used with reference to breach of the covenants of warranty and of quiet enjoyment, means the inability of the pur chaser to obtain possession by reason of a para mount outstanding title. Fritz v. Pusey, 31 Minn. 368, 18 N. W. 94. With reference to the relation of landlord and tenant, there is a "constructive eviction" when the former, with out intent to oust the latter, does some act which deprives the tenant of the beneficial en joyment of the demised premises or materially impairs such enjoyment. Realty Co. v. Puller, 33 Misc. Rep. 109, 67 N. Y. Supp. 146; Talbott v. English, 156 Ind. 299, 59 N. E. 857. Any species of proof, or probative matter, legally presented at the trial of an issue, by the act of the parties and through the medium of witnesses, rec ords, documents, concrete objects, etc., for the purpose of inducing belief in the minds of the court or jury as to their contention. Hotchkiss v. Newton, 10 Ga. 567; State v. Thomas, 50 La. Ann. 148, 23 South. 250; Cook v. New Durham, 64 N. H. 419, 13 Atl. 650; Kring v. Missouri, 107 U. S. 221, 2 Sup. Ct. 443, 27 L. Ed. '506; O'Brien v. State, 69 Neb. 691, 96 N. W. 650; Hubbell v. U. S., 15 Ct. CI. 606; McWilliams v. Rodgers, 56 Ala. 93. The word "evidence," in legal acceptation, in cludes all the means by which any alleged mat ter of fact, the truth of which is submitted to investigation, is established or disproved. 1 Greenl. Ev. c. 1, § 1. That which is legally submitted to a jury, to enable them to decide upon the questions in dis pute or issue, as pointed out by the pleadings, and distinguished from all comment and aigu ment, is termed "evidence." 1 Starkie, Ev. pt. 1, § 3. Synonyms distinguished. The term "evi dence" is to be carefully distinguished from its synonyms "proof" and "testimony." "Proof" is the logically sufficient reason for assenting to the truth of a proposition advanced. In its juridical sense it is a term of wide import, and EVIDENCE.

as a gratuity or encouragement

Kennett,

Gloss.

EVENT. In reference to judicial and quasi judicial proceedings, the "event" means the conclusion, end, or final outcome or re sult of a litigation; as, in the phrase "abide the event," speaking of costs or of an agree ment that one suit shall be governed by the determination in another. Reeves v. Mc Gregor, 9 Adol. & El. 576; Benjamin v. Ver Nooy, 168 N. Y. 578, 61 N. E. 971; Com mercial Union Assur. Co. v. Scammon, 35 111. App. 660. Eventus est qui ez causa sequitur; et dicitur evexttus quia ez causis evenit. 9 Coke, 81. An event is that which follows from the cause, and is called an "event" because it eventuates from causes Eventus' varios res nova semper ha bet. Co. Litt. 379. A new matter always produces various events. EVERY. Each one of all; the term In cludes all the separate individuals who con stitute the whole, regarded one by one. Geary v. Parker, 65 Ark. 521,47 S. W. 238; Purdy v. People, 4 Hill (N. Y.) 413. Every man must be taken to contem plate the probable consequences of the act be does. Lord Ellenborough, 9 East, 277. A fundamental maxim in the law of evidence. Best, Pres. § 16; 1 Phil. Ev. 444. EVICT. In the civil law. To recover anything from a person by virtue of the judgment of a court or judicial sentence. At common law. i To dispossess, or turn out of the possession of lands by process of law. Also to recover land by judgment at law. "If the land is evicted, no rent shall be paid." 10 Coke, 128a. Dispossession by process of law; the act of depriving a person of the possession of lands which he has held, in pursuance of the judgment of a court. Rea soner v. Edmundson, 5 Ind. 395; .Cowdrey v. Coit, 44 N. Y. 392, 4 Am. Rep. 690; Home Life Ins. Co. v. Sherman, 46 N. Y.372. Technically, the dispossession must be by judgment of law; if otherwise, it is an ous ter. Eviction implies an,entry under paramount title, so as to interfere with the rights of the grantee. The object of the party making the entry is immaterial, whether it be to take all or a part of the land itself or merely an incor poreal right. Phrases equivalent in meaning are "ouster by paramount title," "entry and dis turbance," "possession under an elder title," and the like. Mitchell v. Warner, 5 Conn. 497. Eviction is an actual expulsion of the lessee out of all or some part of the demised premises. Pendleton v. Dyett, 4 Cow. (N. Y.) 581, 585. EVES-DROPPERS. See EAVES-DBOP PERS. EVICTION.