KFLCC Kingdom Law 2nd Ed.

ALIENEE

58

ALIUD'EST CELARE

ALIENEE. One to whom an alienation, conveyance, or transfer of property is made. ALIENI GENERIS. Lat Of another kind. 3 P, Wms. 247. ALIENI JURIS. Lat Under the con trol, or subject to the authority, of another person; e. g., an infant who is under the au thority of his father or guardian; a wife under the power of her husband. The term is contrasted with Suj JUBIS, (g. v.) ALIENIGENA. One of foreign birth; an alien. 7 Coke, 31. ALIENISM. The state, condition, or character of an alien. 2 Kent, Comm. 56, 64, 69. ALIENOR. He who makes a grant, transfer of title, conveyance, or alienation. Alienus homo, another's man, or slave. Inst. 4, 3, pr. Aliena res, another's property. Bract fol. 136. ALIMENT. In Scotch law. To main tain, support, provide for; to provide with necessaries. As a noun, maintenance, sup port ; an allowance from the husband's estate for the support of the wife. Paters. Comp. §§ 845, 850, 893. Lat In the civil law. Aliments; means of support, including food, (cibaria,) clothing, (vestitus,) and habitation, (habitatio.) Dig. 34, 1, 6. The allowance made to a wife out of her husband's estate for her sup port, either during a matrimonial suit, or at its termination, when she proves herself en titled to a separate maintenance, and the fact of a marriage is established. Alimony is an allowance out of the hus band's estate, made for the support of the wife when living separate from him. It is either temporary or permanent. Code Ga. 1882, § 1736. The allowance which is made by order of court to a woman for her support out of her husband's estate, upon being separated from him by divorce, or pending a suit for di vorce. Pub. St. Mass. 1882, p. 1287. And see Bowman v. Worthington, 24 Ark. 522; Lynde v. Lynde, 64 N. J. Eq. 736, 52 Atl. 694, 58 L. R. A. 471, 97 Am. St. Rep. 692; Collins v. Collins, 80 N. Y. 1; Stearns v. Stearns, 66 Vt. 187, 28 Atl. 875, 44 Am. St Rep. 836; In re Spencer, 83 Cal. 460, 23 Pac. 395, 17 Am. St. Rep. 266; Adams v. Storey, 135 111. 448, 26 N. E. 582. 11 L B. A 790. 25 Am. St Rep. 392. By alimony we understand what is neces ALIENUS. Lat. Another's; belonging to another; the property of another. ALIMENTA. ALIMONY.

sary for the nourishment lodging, and sup port of the person who claims it It includes education, when the person to whom the ali mony is due is a minor. Civil Code La. art 230. The term is commonly used as equally ap plicable to all allowances, whether annual or in gross, made to a wife upon a decree in divorce. Burrows v. Purple, 107 Mass. 432. Alimony pendente lite is that ordered dur ing the pendency of a suit Permanent alimony. A provision for the support and maintenance of a wife out of her husband's estate, during her life time, or dered by a court on decreeing a divorce. Odom v. Odom, 36 Ga. 320; In re Spencer, 83 Cal. 460, 23 Pac. 395, 17 Am. St Rep. 266. The award 6f alimony is essentially a different thing from a division of the prop erty of the parties. Johnson v. Johnson, 57 Kan. 343, 46 Pac. 700. It is not in itself an "estate" In the technical sense, and there fore not the separate property or estate of the wife. Cizek v. Cizek, 69 Neb. 797, 99 N. W. 28; Guenther v. Jacobs, 44 Wis. 354; Romaine v. Chauncey, 60 Hun, 477, 15 N. Y. Supp. 198; Lynde v. Lynde, 64 N. J. Eq. 736, 52 Atl. 694, 58 L. R, A. 471, 97 Am. St. Rep. 692; Holbrook v. Comstock, 16 Gray (Mass) 109. Lat. In a different view; under a different aspect 4 Rob. Adm. & Pr. 151. With another view or object 7 East 558; 6 Maule & S. 234. Aliquid conceditur ne injuria rema neat impunita, quod alias non conce deretur. Something is (will be) conceded, to prevent a wrong remaining unredressed, which otherwise would not be conceded. Co. Litt 197b. ALIQUID POSSESSIONS ET NIHIL JURIS. Somewhat of possession, and noth ing of right, (but no right.) A phrase used by Bracton to describe that kind of posses sion which a person might have of a thing as a guardian, creditor, or the like; and also that kind of possession which was granted for a term of years, where nothing could be demanded but the usufruct. Bract fols. 39a, 160a. Aliquis non debet esse judex in pro pria causa, quia non potest esse judex et pars. A person ought not to be judge in his own cause, because he cannot act as judge and party. Co. Litt 141; 3 Bl. Comm. 59. ALITER. Lat Otherwise. A term oft en used in the reports. Aliud est celare, aliud taoere. To con ceal is one thing; to be silent is another thing. Lord Mansfield, 3 Burr. 1910. ALIO INTUITU.