KFLCC Kingdom Law 2nd Ed.

731

LIS

LITERARY

ground for preventing the plaintiff from tak ing proceedings in another court against the same defendant for the same object and aris ing out of the same cause of action. Sweet. —Lis mota. A controversy moved or begun. By this term is meant a dispute which has aris en upon a point or question which afterwards forms the issue upon which legal proceedings are instituted. Westfelt v. Adams, 131 N. G. 379, 42 S. E. 823. After such controversy has arisen, {post litem motam,) it is held, dec larations as to pedigree, made by members of the family since deceased, are not admissible. See 4 Camp. 417; 6 Oar. & iP. 560.—Iiis pen dens. A suit pending; that legal process, in a suit regarding land, which amounts to legal notice to all the world that there is a dispute as to the title. In equity the filing of the bill and serving a subpoena creates a lis pendens, except when statutes require some record. Stim. Law Gloss. See Boyd v. Emmons, 103 Ky. 393, 45 S. W. 364; Tinsley v. Rice, 105 Ga. 285, 31 S. E. 174; Bowen v. Kirkland, 17 Tex. Civ. App. 346, 44 S. W. 189; Hines v. Dun can, 79 Ala. 117, 58 Am. Rep. 580. In the civil law. A suit pending. A suit was not said to be pending before that stage of it called "Mis contestaUo, (q. v.) Mackeld. Rom. Law, § 219; Calvin,—Notice of lis pendens. A notice filed for the purpose of warning all per sons that the title to certain property is in litigation, and that, if they purchase the de fendant's claim to the same, they are in dan ger of being bound by an adverse judgment. See Empire Land & Canal Co. v. Engley, 18 Colo. 388, 33 Pac. 153. LIST. A docket or calendar of causes ready for trial or argument, or of motions ready for hearing. LISTED. Included in a list; put on a list, particularly on a list of taxable persons or property. This word is used in some of the states to designate the persons appointed to make lists of taxables. See Rev. St. Vt 538. LISTERS. LITEM DENTTNCIARE. Lat. In the civil law. To cast the burden of a suit up on another; particularly used with refer ence to a purchaser of property who, being sued in respect to it by a third person, gives notice to his vendor and demands his aid in its defense. See Mackeld. Rom. Law, 8 403. make a suit his own. Where a judex, from partiality or enmity, evidently favored ei ther of the parties, he was said litem suam facere. Calvin. Lat. A letter. The letter of a law, as distinguished from its spirit See LETTER. —Litera Pisana. The Pisan letter. A term applied to the old character in which the copy of the Pandects formerly kept at Pisa, in Italy, Was written. Spelman. LITERA. LITEM SUAM FACERE. Lat. To LITE PENDENTE. La t Pending the suit Fleta, lib. 2, c. 54, § 23.

L I TERS . Letters. A term applied In old English law to various instruments In writing, public and private. —Literae dimissorise. Dimissory letters, (q. v.) —Liters? hnmaniores. A term including Greek, Latin, general philology, logic, moral philosophy, metaphysics; the name of the prin cipal course of study in the University of Ox ford. Wharton.—Literae mortuae. Dead let ters ; fulfilling words of a statute. Lord Bacon observes that "there are in every statute cer tain words which are as veins, where the life and blood of the statute cometh, and where all doubts do arise, and the rest are* litera mor tuce, fulfilling words." Bac St. Uses, (Works, iv. 189.) —Literae patentee. Letters patent; literally, open letters.—Literae procnratoriae. In old English law. Letters procuratory; let ters of procuration; letters of attorney. Bract fols. 40, 43.—Literae recognitionis. In mari time law. A bill of lading. Jac. Sea Laws, 172.—Literae sigillatee. In old English law. Sealed letters. The return of a sheriff was so called. Fleta, lib. 2, c. 64, § 19. Literae patentes regis non ernnt va cnae. 1 Bulst. 6. The king's letters patent shall not be void. Literae scriptse manent. Written words last LITERAL. According to language; fol lowing expression in words. A literal con struction of a document adheres closely to its words, without making differences for ex trinsic circumstances; a literal performance of a condition is one which complies exactly with its terms. —Literal contract. In Roman law. A spe cies of written contract, in which the formal act by which an obligation was superinduced on the convention was an entry of the sum due, where it should be specifically ascertained, on the debit side of a ledger. Maine, Anc. Law, 320. A contract, the whole of the evidence or which is reduced to writing, and binds the party who subscribed it, although he has received no consideration. Lee. El. Dr. Rom. § 887.—Lit eral proof. In the civil law. Written evi dence. LITERARY. Pertaining to polite learn ing; connected with the study or use of books and writings. The word "literary," having no legal sig nification, is to be taken in its ordinary and usual meaning. We speak of literary persons as learned, erudite; of literary property, as the productions of ripe scholars, or, at least, of professional writers; of literary institutions, as those where the positive sciences are taught or persons eminent for learning associate, for purposes connected with their professions. This we think the popular meaning of the word; and that it would not be properly used as descriptive x>t a school for the instruction of youth. In dianapolis v. McLean, 8 Ind. 332. —Literary composition. In copyright law. An original result of mental production, devel oped in a series of written or printed words, arranged for an intelligent purpose, in an or derly succession of expressive combinations. Keene v. Wheatley, 14 Fed. Cas. 192-; Wool sey v. Judd, 4 Duer (N. Y.) 396.—Literary property may be described as the right which entitles an author and his assigns to all the use and profit of his composition, to which no in dependent right is, through any act or omission