KFLCC Kingdom Law 2nd Ed.

692

IMMATERIAL

IMMORAL

IMMATERIAL, tfot material, essential, or necessary; not important or pertinent; not decisive. —Immaterial averment An averment al leging with needless particuJ>j rity or unneces sary circumstances what is material and neces sary, and which might properly have been stat ed more generally, and without such circum stances and particulars; or, in other words, a statement of unnecessary particulars in con nection with and as descriptive of what is ma terial. Gould, PI. c. 3, § 188; Pharr v. Bach elor, 3 Ala. 245; Green v. Palmer, 15 Cal. 416, 76 Am. Dec. 492; Dunlap v. Kelly, 105 Mo. App. 1, 78 S. W. 664.— Immaterial is sue. In pleading. An issue taken on an im material point; that is, a point not proper to decide the action. Steph. PI. 99, 130; 2 Tidd, Pr. 921. at once; without delay; not deferred by any interval of time. In this sense, the word, without any very precise signification, denotes that action is or must be taken either instantly or without any considerable loss of time. Immediately does not, in legal proceedings, necessarily import the exclusion of any inter val of time. It is a word of no very definite signification, and is much in subjection to its grammatical connections. Howell Y. Gaddis, 31 N. J. Law, 313. 2. Not separated in respect to place; not separated by the intervention of any inter mediate object, cause, relation, or right. Thus we speak of an action as prosecuted for the "immediate benefit" of A., of a devise as made to the "immediate issue" of B., etc. —Immediate cause. The last of a series or chain of causes tending to a given result, and which, of itself, and without the intervention of any further cause, directly produces the result or event. A cause may be immediate im this sense, and yet not "proximate;" and con versely, the proximate cause (that which di rectly and efficientlv brings about the result) may not be immediate. The familiar illus tration is that of a drunken man falling into the water and drowning. His intoxication is the proximate cause of his death, if it can be said that he would not have fallen into the water when sober; but the immediate cause of death is suffocation by drowning. See Davis v. Standish. 26 Hun (N. Y.), 615; Deisenrieter v. Kraus-Merkel Malting Co., 97 Wis. 279, 72 N. W. 735. Compare Longabaugh v. Railroad Co., 9 Nev. 271. See, also, PROXIMATE.— Im mediate descent. See DESCENT. "It is impossible to lay down any hard and fast rule as to what is the meaning of the word 'immediately' in all cases. The words 'forthwith' and 'im mediately' have the same meaning. They are stronger than the expression 'within a reasonable time,' and imply prompt, vigor ous action, without any delay, and whether there has been such action is a question of fact, having regard to the circumstances of the particular case." Cockburn, C. J., in Reg. v. Justices of Berkshire, 4 Q. B. Div. 471. IMMEMORIAL. Beyond human mem ory; time out of mind. —Immemorial possession. In Louisiana. Possession of which no man living has seen IMMEDIATE. 1. Present; IMMEDIATELY.

the beginning, and the existence of which he has learned from his elders. Civ. Code La. art. 762 —Immemorial usage. A practice which has existed time out of mind; custom; prescription. Miller v. Garlock, 8 Barb. (N. Y.) 154. Fr. These are, in French law, the immovables of English law. Things are immeubles from any one of three causes: (1) From their own nature, e. g., lands and houses; (2) from their destina tion, e. g., animals and instruments of agri culture when supplied by the landlord; or (3) by the object to which they are annexed, e. g., easements. Brown. The coming into a country of foreigners for purposes of per manent residence. The correlative term "emigration" denotes the act of such per sons in leaving their former country. In relation to homicide in self-defense, this term means immediate danger, such as must be instant ly met, such as cannot be guarded against by calling for the assistance of others or the protection of the law. TL S. v. Onter bridge, 27 Fed. Cas. 390; State v. West, 45 La. Ann. 14, 12 South. 7; State v. Smith, 43 Or. 109, 71 Pac. 973. Or, as otherwise defined, such an appearance of threatened and impending injury as would put a rea sonable and prudent man to his instant de fense. State v. Fontenot, 50 La. Ann. 537, 23 South. 634, 69 Am. St. Rep. 455; Shorter v. People, 2 N. Y. 201, 51 Am. Dec. 286. In the civil law. To mix or mingle with; to medCle with; to join with. Calvin. In the civil law. To put or let into, as a beam into a wall. Calvin; Dig. 50, 17, 242, 1. In old English law. To put cattle on <* common. Fleta, lib. 4, c. 20, § 7. Immova ble things follow their site or position; are governed by the law of the place where they are fixed. 2 Kent, Comm. 67. IMMEUBLES. IMMIGRATION. IMMINENT DANGER. IMMISCERE. La t IMMITTERE. Lat. Immobilia situm sequuntur. Mlia immovable things, such as lands and buildings. Mackeld. Rom. Law, § 160. Contrary to good morals; inconsistent with the rules and principles of morality which regard men as living in a community, and which are necessary for the public welfare, order, and decency. —Immoral consideration. One contrary to good morals, and therefore invalid. Contracts based upon an immoral consideration are gen erally void.— Immoral contracts. Contracts founded upon considerations contra bonot more* are void. or res immoMles, IMMORAL. IMMOBILIS. Lat. Immovable. Immo