KFLCC Kingdom Law 2nd Ed.

775

MESSAGE, PRESIDENT'S

MERITORIOUS

pie, where a cause of action accrues to a wo man while sole, and is sued for, after her mar riage, by her husband and herself jointly, she is called the "meritorious cause of action."— Meritorious consideration. One founded upon some moral obligation; a valuable con sideration in the second degree.—Meritorious defense. See DEFENSE. MERITS. In practice. Matter of sub stance in law, as distinguished from matter of mere form; a substantial ground of de fense in law. A defendant is said "to swear to merits" or "to make affidavit of merits" when he makes affidavit that he has a good and sufficient or substantial defense to the action on the merits. 3 Chit. Gen. Pr. 543, 544. "Merits," in this application of it, has the technical sense of merits m laic, and is not confined to a strictly moral and conscien tious defense. Id. 545; 1 Burrill, Pr. 214; Rahn v. Gunnison, 12 Wis. 529; Bolton v. Don avan, 9 N. D. 575, 84 N. W. 357; Ordway v. Boston & M. R. Co., 69 N. H. 429, 45 Atl. 243; Blakely v. Frazier, 11 S. O. 134; Rogers v. Rogers, 37 W. Va. 407, 16 S. E. 633; Oatman v. Bond, 15 Wis. 26. As used in the New York Code of Procedure, 5 349, it has been held to mean "the strict legal rights of the parties, as contradistinguished from those mere questions of practice which every court regulates for itself, and f*om all matters which depend upon the discretion or favor of the court" St. Johns v. West, 4 How. Prac. (N. Y.) 332. A "defense upon the merits" is one which, depends upon the inherent justice of the de fendant's contention, as shown by the sub stantial facts of the case, as distinguished from one which rests upon technical objec tions or some collateral matter. Thus there may be a good defense growing out of an error in the plaintiff's pleadings, but there is not a defense upon the merits unless the real nature of the transaction in controversy shows the defendant to be in the right. HERO MOTXT. See Ex MEBO MOTTJ; MEEE MOTION. MERSCUM. A lake; also a marsh or fen-land. MERTLAGE. A church calendar or ru bric. Cowell. MERTON, STATUTE OF. An old Eng lish statute, relating to dower, legitimacy, wardships, procedure, inclosure of common, and usury. It was passed in 1235, (20 Hen. III.,) and was named from Merton, in Sur rey, where parliament sat that year. See Barring. St 41, 46. MERTJM. In old English law. Mere; naked or abstract Merum jus, mere right Bract fol. 31. MERX. Let Merchandise; movable ar ticles that are bought and sold; articles of trade.

Mesx est quioquid vend! potest. Met-* chandise is whatever can be sold. Com. 355; 3 Wood. Lect 263. MESCREATTNTES. L. Fr. Apostates; unbelievers. MESCROYANT. A term used in th* ancient books to designate an infidel or un believer. MESE. A house and its appurtenance. Cowell. intervening; the middle between two extremes, especially of rank or time. An intermediate lord; a lord who stood between a tenant and the chief lord; a lord who was also a tenant. "Lord, mesne, and tenant; the tenant holdeth by four pence, and the mesne by twelve pence." Co. Litt 23a. —Mesne assignment. If A. grant a lease of land to B., and B. assign his interest to C., and C. in his turn assign his interest therein to D., in this case the assignments so made by B. and C. would be termed "mesne assignments;" that is, they would be assignments intervening be tween A.'s original grant and the vesting of D.'s interest in the land under the last assign ment Brown.—Mesne incumbrance. An intermediate charge, burden, or liability; an incumbrance which has been created or has attached to property between two given periods. —Mesne lord. In old English law. A mid dle or intermediate lord; a lord who held of a superior lord. 2 Bl. Comm. 59. More com monly termed a "mesne," (q v.) —Mesne, writ of. An. ancient and abolished writ, which layj when the lord paramount distrained on the tenant paravail. The latter had a writ of mesne against the mesne lord. As to mesne "Conveyance," "Process," and "Profits," see those titles. MESNALTY, or MESNAMTY. A man or held under a superior lord. The estate of a mesne. MESS BRIEF. In Danish sea law. One of a ship's papers; a certificate of admeas urement granted at the home port of a ves sel by the government or by some other com petent authority. Jac. Sea Laws, 51. MESSAGE FROM THE CROWN. In English law. The method of communicat ing between the sovereign and the house of parliament. A written message under the royal sign-manual is brought by a member of the house, being a minister of the crown or one of the royal household. Verbal mes sages are also sometimes delivered. May, Pari. Pr. c. 17. MESSAGE, PRESIDENT'S. An annual communication from the president of the United States to congress, made at or near the beginning of each session, embodying his views on the state and exigencies of na tional affairs, suggestions and recommenda- MESNE. Intermediate;