KFLCC Kingdom Law 2nd Ed.

47

AFFIDAVIT

AFFIRMANCE

arising from marriage which is neither consan f iinity nor affinity. Chinn v. State, 47 Ohio t. 575, 26 N. E. 986, 11 L. R, A. 630. AFFINITY. At common law. Rela tionship by marriage between the husband and the blood relations of the wife, and be tween the wife and the blood relations of the husband. 1 Bl. Comm. 434; Solinger v. Earle, 45 N. Y. Super. Ct. 80; Tegarden v. Phillips (Ind. App.) 39 N. E. 212. Affinity is distinguished into three kinds: (1) Direct, or that subsisting between the husband and his wife's relations by blood, or between the wife and the husband's relations by blood; (2) secondary, or that which subsists between the husband and his wife's relations by mar riage , (3) collateral, or that which subsists be tween the husband and the relations of his wife's relations. Wharton. In the civil law. The connection which arises by marriage between each person of the married pair and the kindred of the other. Mackeld. Rom. Law, § 147; Poy dras v. Livingston, 5 Mart. O. S. (La.) 295. A husband is related by affinity to all the consanguinei of his wife, and vice versa, the wife to the husband's consanguinei; for the husband and wife being considered one flesh, those who are related to the one by blood are related to the other by affinity. Gib. Cod. 412; 1 Bl. Comm. 435. In a larger sense, consanguinity or kin dred. Co. Litt. 157a. — Quasi affinity. In the civil law. The af finity which exists between two persons, one of whom has been betrothed to a kinsman of the other, but who have never been marriedi AFFIRM. To ratify, make firm, confirm, establish, reassert. To ratify or confirm a former law or judg ment Cowell. In the practice of appellate courts, to affirm a judgment, decree, or order, is to declare that it is valid and right, and must stand as rendered below; to ratify and reassert it; to concur in its correctness and confirm its effi cacy. In pleading. To allege or aver a mat ter of fact; to state it affirmatively; the opposite of deny or traverse. In practice. To make affirmation; to make a solemn and formal declaration or as severation that an affidavit is true, that the witness will tell the truth, etc., this being substituted for an oath in certain cases. Also, to give testimony on affirmation. In the law of contracts. A party is said to affirm a contract the same being voidable at his election, when he ratifies and accepts it waives his right to annul it, and proceeds under it as if it had been valid originally. In practice. The con firming, or ratifying a former law, or judg ment. Cowell; Blount The confirmation and ratification by an ap- AFFIRMANCE.

906, 62 Am. St Rep. 385; Hays v. Loomis, 34 111. 18. An affidavit is a written declaration under oath, made without notice to the adverse par ty. Code Civ. Proc Cal. § 2003; Code Civ. Proc. Dak. § 464. An affidavit is an oath in writing, sworn be fore and attested by him who hath authority to administer the same. Knapp v. Duclo, 1 Mich. N. P. 189. An affidavit is always taken ex parte, and in this respect it is distinguished from a depo sition, the matter of which is elicited by ques tions, and which affords an opportunity for cross-examination. In re Liter's Estate, 19 An affidavit stating that the defendant has a good defense to the plaintiff's action on the merits of the case.— Affidavit of merits. One setting forth that the defendant has a meritorious defense (sub stantial and not technical) and stating the facts constituting the same. Palmer v. Rogers, 70 Iowa, 381, 30 N. W. 645.— Affidavit of service. An affidavit intended to certify the service of a writ, notice, or other document.— Affidavit to hold to bail. An affidavit made to procure the arrest of the defendant in a civil action. AFFLLARE. L. Lat. To file or affile. Affiletur, let it be filed. 8 Coke, 160. De re cordo affilatum, affiled of record. 2 Ltd. Raym. 1476. A term employed in old prac tice, signifying to put on file. 2 Maule & S. 202. In modern usage it is contracted to file. The fixing any one with the paternity of a bastard child, and the obligation to maintain it. In French, law. A species of adoption which exists by custom in some parts of France. The person affiliated succeeded equally with other heirs to the property ac quired by the deceased to whom he had been affiliated, but not to that which he inherited. Bouvier. In ecclesiastical law. A condition which prevented the superior from removing the person affiliated to another convent. Guyot, Report AFFINAGE. A refining of metals. Blount AFFIXES. In the civil law. Connections by marriage, whether of the persons or their relatives. Calvin. Neighbors, who own or occupy adjoining lands. Dig. 10, 1, 12. Affinis mei affinis non est mini af finis. One who is related by marriage to a person related to me by marriage has no affinity to me. Shelf. Mar. & Div. 174. Mont. 474, 48 Pac. 753. — Affidavit of defense. AFFILE. AFFILIATION.

AFFINITAS.

Lat In the civil law. Af

finity;

relationship by marriage. Inst. 1,

10, 6. — Affinitaa affinitatis. Remote relationship by marriage. That connection between parties