KFLCC Kingdom Law 2nd Ed.

795

MOVABLE

MORTUUS

or rents of the thing pledged are not applied to the payment of the debt

judgment of the court in his favor. See Sup. Ct. Rules 1883, ord. 40.—Motion in error. A motion in error stands on the same footing as a writ of error; the only difference is that, on a motion in error, no service is required to be made on the opposite party, because, being before the court when the motion is filed, he ia bound to take notice of it at his peril. Tread way v. Coe, 21 Conn. 283.—Motion to set aside judgment. This is a step taken by a party in an action who is dissatisfied with the judgment directed to be entered at the trial of the action.—Special motion. A motion ad dressed to the discretion of the court, and which must be heard and determined; as distinguish ed from one which may be granted of course. Merchants' Bank v. Crysler, 67 Fed. 390, 14 C. C. A. 444. The inducement cause, or reason why a thing is done. An act legal in itself, and which violates no right, is not actionable on account of the motive which actuated it Chatfield v. Wilson, 5 Am. Law Reg. (O. S.)*528. "Motive" and "intent" are not identical, and an intent may exist where a motive is wanting. Motive is the moving power which impels to ac tion for a definite result; intent is the pur pose to use a particular means to effect such result. In the popular mind intent and motive are often regarded as the same thing; but in law there is a clear distinction between them. When a crime is clearly proved to have been committed by a person charged therewith, the question of motive may be of little or no im portance, but criminal intent is always essen tial to the commission of a crime. People v. Molineux, 168 N. X. 264, 61 N. E. 286, 62 Lu R. A. 193; Warren v. Tenth Nat. Bank, 29 Fed. Cas. 287. But motive is often an important subject of inquiry in criminal prosecutions, par ticularly where the case depends mainly or en tirely on circumstantial evidence, the combina tion of motive and opportunity (for the commis sion of the particular crime by the person ac cused) being generally considered essential links in a chain of such evidence, while the absence of all motive on the part of the prisoner is an admissible and important item of evidence in his favor. Lat. Of his own motion. The commencing words of a certain kind of papal rescript. MOURNING. The dress or apparel worn by mourners at a funeral and for a time aft erwards. Also the expenses paid for such apparel. MOUTH. By statute in some states, th« mouth of a river or creek, which empties in to another river or creek, is defined as the point where the middle of the channel of each intersects the other. Pol. Code Cal. 1903, § 3908; Rev. St. Ariz. 1901, par. 931. MOVABLE. That which can be changed in place, as movable property; or in time, as movable feasts or terms of court. See Wood v. George, 6 Dana (Ky.) 343; Strong v. White, 19 Conn. 245; Goddard v. Winchell, 86 Iowa, 71, 52 N. W. 1124, 17 L. R. A. 788, 41 Am. St Rep. 481. —Movable estate. A term equivalent to "personal estate" or "personal property." Den MOTIVE. MOTU PROPRIO.

MORTUUS. Lat Dead. So In sheriffs return, mortuus est, he is dead. —Mortuus sine prole. Dead without issue. In genealogical tables often abbreviated to "m. : p." A dead issue is no issue. Co. Litt 29. A child born dead is not considered as issue. Mos retinendus est fidelissimse vetus tatis. 4 Coke, 78. A custom of the truest antiquity is to be retained. MOSTRENCOS. In Spanish law. Stray ed goods; estrays. White, New Jtecop. b. 2, tit. 2, c. 6. MOTE. -Sax. A meeting; an assembly. Used in composition, as burgmote, folJcmote, etc. —Mote-bell. The bell which was used by the Saxons to summon people to the court. Cowell. MOTEER. A customary service or pay ment at the mote or court of the lord, from which some were exempted by charter or privilege. Cowell. MOTHER. A woman who has borne a child; a female parent; correlative to "son" or "daughter." The term may also include a woman who is pregnant See Howard v. People, 185 111. 552, 57 N. B. 441; Latshaw v. State, 156 Ind. 194, 59 N. E. 471. —Mother-in-law. The mother of one's wife or of one's husband. MOTION. In practice. An occasional application to a court by the parties or their counsel, in order to obtain some rule or order, which becomes necessary either in the progress of a cause, or summarily and whol ly unconnected with plenary proceedings. Citizens' St R. Co. v. Reed, 28 Ind. App. 629, 63 N. E 770; Low v. Cheney, 3 How. Prac. (N. Y.) 287; People v. Ah Sam, 41 Cal. 645; In re Jetter, 78 N. Y. 601. A motion is a written application for an order addressed to the court or to a judge in vacation by any party to a suit or proceeding, or by any one interested therein. Rev. Code Iowa 1880, § 2911; Code N. Y. § 401. In parliamentary law. The formal mode in which a member submits a proposed measure or resolve for the consideration and action of the meeting. —Motion for decree. Under the chancery practice, the most usual mode of bringing on a suit for hearing when the defendant has answer ed is by motion for decree. To do this the plaintiff serves on the defendant a notice of his intention to move for a decree. Hunter, Suit Eq. 59; Daniell, Ch. Pr. 722.—Motion for judgment. In English practice. A proceed ing whereby a party to an action moves for the Mortuus ezitus non est earftus.