KFLCC Kingdom Law 2nd Ed.

608

IN RE PROPRIA INIQUUM

IN SOLIDUM

to partnerships, where one partner has a right to withhold his assent to the acts of his copartner. 3 Kent, Comm. 45. In , re propria iniquum admodum est alien! licentiam tribnere sententise. It is extremely unjust that any one should be judge in his own cause. In rebns manifestis, errat qui author itates legum allegat; quia perspicne ve ra non snnt probanda. In clear cases, he mistakes who cites legal authorities; for ob vious truths are not to be proved. 5 Coke, 67a. Applied to cases too plain to require the support of authority; "because," says the report, "he who endeavors to prove them obscures them." In rebns quae snnt favorabilia animse, quamvis snnt damnosa rebus, fiat ali qnando extensio statnti. 10 Coke, 101. In things that are favorable to the spirit, though injurious to things, an extension of a statute should sometimes be made. IN REM. A technical term used to des ignate proceedings or actions instituted against the thing, in contradistinction to per sonal actions, which are said to be in perso nam. See IN PERSONAM. It is trtfe that, in a strict sense, a proceeding in rem is one taken directly against property, and has for its object the disposition of prop erty, without reference to the title of individual claimants; but, in a larger and more general sense, the terms are applied to actions between parties, where the direct object is to reach and dispose of property owned by them, or of some interest therein. Such are cases commenced by attachment against the property of debtors, or instituted to partition real estate, foreclose a mortgage, or enforce a lien. So far as they affect property in this state, they are substan tially proceedings in rem in the broader sense which we have mentioned. Pennoyer v. Neff, 95 U. S. 734, 24 L. Ed. 565. — Qnasi in rem. A term applied to proceed ings which are not strictly and purely in rem, but are brought against the defendant personal ly, though the real object is to deal with par ticular property or subject property to the dis charge of claims asserted; for example, foreign attachment, or proceedings to foreclose a mort gage, remove a cloud from title, or effect a par tition. See Freeman v. Alderson. 119 U. S. 187, 7 Sup. Ct. 165, 30 L. Ed. 372; Hill v. Henry, 66 N. J. Eq. 150, 57 Atl. 555. In rem actio est per quam rem nos tram quae ab alio possidetur petimus, et semper adversns enm est qui rem possi det. The action in rem is that by which we seek our property which is possessed by an other, and is always against him who pos sesses the property. Dig. 44, 7, 25; Bract, fol. 102. IN BENDER. A thing is said to lie in render when it must be rendered or given by the tenant; as rent. It is said to lie in prender when it consists in the right in the lord or other person to take something.

In republica mazime conservanda snnt jura belli. In a state the laws of war are to be especially upheld. 2 Inst 58. IN RERUM NATURA. In the nature of things; in the realm of actuality; in exist ence. In a dilatory plea, an allegation that the plaintiff is not in rerum natura is equiv alent to averring that the person named is fictitious. 3 Bl. Comm. 301. In the civil law the phrase is applied to things. Inst 2, 20, 7. In restitutionem, non in poenam hseres succedit. The heir succeeds to the restitu tion, not to the penalty. An heir may be compelled to make restitution of a sum un lawfully appropriated by the ancestor, but is not answerable criminally, as for a pen alty. 2 Inst. 198. In restitutionibus benignissima inter pretatio facienda est. Co. Litt. 112. The most benignant interpretation is to be made in restitutions. In satisfactionibns non permittitur amplius tferi quam semel factum est. In payments, more must not be received than has been received once for all. 9 Coke, 53. IN SCRINIO JUDICIS. In the writing case of the judge; among the judge's pa pers. "That is a thing that rests in scrinio judicis, and does not appear in the body of the decree." Hardr. 51. IN SEPARALI. In several; In several ty. Fleta, lib. 2, c. 54, § 20. IN SIMILI MATERIA. Dealing with the same or a kindred subject-matter. IN SIMPLICI PEREGRINATIONE. In simple pilgrimage. Bract fol. 338. A phrase in the old law of essoins. See I N GENEEALI PASSAGIO. IN SOLIDO. In the civil law. For the whole; as a whole. An obligation in solido is one where each of the several obligors is liable for the whole; that is, it is joint and several. Henderson v. Wadsworth, 115 U. S. 264, 6 Sup. Ct 140, 29 L. Ed. 377. Pos session in solidwm Is exclusive possession. When several persons obligate themselves to the obligee by the terms "in solido," or use any other expressions which clearly show that they intend that each one shall be separately bound to perform the whole of the obligation, it is called an "obligation m solido" on the part of the obligors. Civ. Code La. art. 2082. Bi plures sint fldejussores, quotquot eruni nu mero, singuli in solidwm tenentur, if there IN SOLIDUM. For the whole.