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Ballentine's Law Dictionary

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Ballentine's Law Dictionary BALLENTINE’S LAW DICTIONARY A LAW DICTIONARY WITHOUT PRONUNCIATIONS JAMES A. BALLENTINE THIRD EDITION [1] A A. The first letter of the English alphabet, deriving from the Greek "alpha." The indefinite article. One or any one, depending upon the entire context in which it appears. State v Martin, 60 Ark 343, 30 SW 421 (holding that a constitutional provision of a constitution for "a judge" for each circuit is not a limitation upon the power of the legislature to provide for an additional judge;) First Trust Joint Stock Land Bank v Armstrong, 222 Iowa 425, 269 NW 502; Snowden v Guion, 101 NY 458, 5 NE 322 (holding that a policy insuring against loss by "a sea" covers damage to ship or cargo caused by a succession of heavy waves.) An abbreviation, although not recommended, of acre. An algebraic symbol of a known quantity. Symbolizing, when encircled, computation at a designated rate, for example, "interest @ 6%." An abbreviation of the Welsh ap. Latin: Used interchangeably with "ab" and abs," as the context requires, for prepositions: -from; after; in; on; of; out of; because of; with. French: Often appearing in the form "a" in expressions having legal significance as a preposition: -to; from; at; on; in; for; with. See an. AAA. Abbreviation of Agricultural Adjustment Administration. Also abbreviation of American Automobile Association. a aver et tener. To have and to hold. Ab. The eleventh month of the year according to the Jewish lunisolar calendar. a.b. An abbreviation of able-bodied, where used in ship's papers after the name of a sailor. A. B. An abbreviation of Bachelor of Arts. ABA. Abbreviation of American Bar Association. See bar association. abacinate. Same as abbacinate. abaction. An abactor's theft. ab actis. A clerk or recorder. abactor. A cattle thief who takes in numbers. ab aeterno. From eternity. ab agendo. Incapacitated. abalienare. (Civil law.) To transfer an interest or right in, or a title to, real or personal property. abandon. To withdraw entirely from a person or a thing, putting aside all care for him or it. To abandon a person is to withdraw from one entitled to support. A child is abandoned by his parent; a wife by her husband. Pidge v. Pidge, 44 Mass (3 Met) 257, 265. A patient may be the subject of abandonment by a physician. 41 Am J1st Phys & S § 102. abandoned property. Property to which an owner has voluntarily relinquished all right, title, claim and possession with the intention of terminating his ownership, but without vesting it in any other person and with the intention of not reclaiming future possession or resuming ownership, possession, or enjoyment. 1 Am J2d Aband § 1. abandonce. A person to whom property or rights are abandoned or relinquished. abandonment for torts or wrongs. (Civil law.) The relinquishment of an animal or a slave in settlement of liability. abandonment of attachment lien. Affirmative act or conduct of the creditor inconsistent with the continuance of the lien. 6 Am J2d Attach § 412. abandonment of child. An actual desertion accompanied by an intention, express or implied, to sever the relation entirely and throw off the obligations growing out of the relation. 39 Am J1st P & C §§ 2, 104. abandonment of copyright. Publication without obtaining a copyright. 18 Am J2d Copyr § 84. abandonment of homestead. An actual relinquishment of possession of the premises and removal therefrom, coupled with an intention to abandon the use of the property as a homestead, or an intention to remain away after such removal. See 26 Am J1st Home § 193. abandonment of invention. Voluntary declaration of a purpose to abandon or conduct inconsistent with the right to obtain patent protection. Electric Storage Battery Co. v Shimadzu, 307 US 5, 83 L Ed 1071, 59 S Ct 675. If an inventor, after perfecting his invention and applying for a patent, and thereby irretrievably committing himself to the proposition that his invention is ripe for introduction to the public, accept the decision rejecting his application, and cast aside his invention as no longer of any value to him, he thereby makes it forever public property and forever abandons it. See Consolidated Fruit Jar Co. v Bellaire Stamping Co. (CC Ohio) 27 F 337, 381. abandonment of patent. A defense sometimes asserted in infringement cases. 40 Am J1st P § 184. See abandonment of invention. abandonment of property. Intentional and absolute relinquishment of property without reference to any [2] particular person or for any particular purpose. 1 Am J2d Aband § 1; 3 Am J2d Adv P § 77. Abandoned property is that to which the owner has voluntarily relinquished all right, title, claim, and possession with the intention of terminating his ownership, but without vesting it in any other person, and with no intention of reclaiming possession or resuming ownership and enjoyment in the future. 1 Am J2d Aband § 1. Abandonment is the relinquishment of a right or property with the intention of not reclaiming it or reassuming its ownership or enjoyment. Ellis v Brown (CA6 Ky) 177 F2d 677, 13 ALR2d 945. In marine insurance, the act of the insured in notifying the insurer that owing to damage done to the subject of the insurance, he elects to take the amount of the insurance in the place of the subject thereof, the remnant of which he cedes to the insurer. 29A Am J Rev ed Ins § 1572. (Mining Law). "The term 'forfeiture' is often employed by miners as synonymous with abandonment." See Wiseman v McNulty, 25 Cal 230. See derelict; dereliction; presumed dereliction; renunciation; res derelicta. abandonment of spouse. The unjustified separation of one spouse from the other with the deliberate intention of the offender to terminate the matrimonial relation. Bennett v Bennett, 197 Md 408, 79 A2d 513, 29 ALR2d 467. As the word is used in the state of Kentucky in a statute relative to divorce, it has been construed to include the refusal by the offending spouse to recognize and contribute to the marital relation for a period of one year, although the spouses sleep beneath the same roof. See McQuinn v McQuinn, 110 Ky 321, 328, 61 SW 360. See desertion. abandonment of trademark or tradename. Something more than temporary disuse; something showing not only a practical abandonment but an actual intent to abandon. 52 Am J1st Tradem § 30. abandonment of use. A voluntary, affirmative, completed act whereby the right to resume a noncom-forming use under the zoning law is lost to the owner. 58 Am J1st Zon § 153. abandonment to insurer. The act of the insured in notifying the insurer that owing to damage done to the subject of the insurance he elects to take the amount of the insurance in the place of the subject thereof, the remnant of which he cedes to the insurer. 29A Am J Rev ed Ins § 1572. See fifty percent rule, i. abandum. A chattel confiscated or forfeited. abannition. The punishment of banishment. ab ante. In advance. Beforehand. ab antecedente. In advance; beforehand. ab antiquo. From antiquity; anciently. See 3 Bl Comm 96. Abarnare. To expose a concealed crime. ab assuetis non fit injuria. The violation of a legal right is not affected by acquiescence. abatable. Capable of abatement. abatable nuisance. A nuisance that is not permanent, because it can be eliminated. Bischof v Merchants Nat. Bank, 75 Neb 838, 106 NW 996. abatamenturn. The wrongful entry and taking possession of real property by a stranger, before the heir or devisee has entered. See abatement. abatare. To put an end to; to cut down; to reduce; to diminish. abate. To quash, beat down, or destroy, as in the case of a nuisance or an objectionable writ. abatement of action. The entire overthrow or destruction of an action, resulting from the fact that the defendant pleads a matter which defeats the action either for the time being or permanently. 1 Am J2d Abat & R § 1. A suit at law, when it abates as at common law, is absolutely dead; any further enforcement of the cause of action necessitates the bringing of a new suit. But in courts of equity and also in some law courts proceeding under modern practice statutes or rules, an abatement signifies only a present sus-pension of all proceedings in the suit because of the want of proper parties capable of proceeding therein; the suit can be revived or put in motion by a bill of revivor and proceed to its regular determination. 1 Am J2d Abat & R § 1. “Abatement" and "stay of proceedings" are in some respects similar, but are not identical; to abate a suit is to put an end to it, at least for the time. Simmons v Superior Court, 96 Cal App 2d 119, 214 P2d 844, 19 ALR2d 288. See plea in abatement. abatement of bequest. The process of determining the distribution of the assets left by a testator at his death among the various beneficiaries named in the will, where it appears that such assets are insufficient to pay both the debts of the testator and the expenses of administrating his estate and also all of the legacies and devices called for by the will. 57 Am J1st Wills § 1457. abatement of cause of action. The extinguishment of a cause of action upon the death of a party, where the cause is not one which survives. 1 Am J2d Abat & R § 1. abatement of debt. Proportionate reduction of satisfaction where the fund for payment is insufficient to meet full payment. See Brown v Brown, 79 Va 648, 650. abatement of freehold. The extinguishment of the freehold of heir or devisee by the entry of a stranger between the death of the ancestor or testator who died seized and the entry of the heir or devisee.
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