单词 | QUOD EI DEFORCEAT |
释义 | In English law. The name of a writ given by St. Westm. 2, 13 Edw. I. c. 4, to the owners of a particular estate, as lor life, iu dower, by the curtesy, or in fee-tail, who were barred of the right of possession by a recovery had against them through their default or nonappearance in a possessory action, by which the right was restored to him who had been thus uuwarily deforced by his owu default 3 Bl. Comm. 103. Qnod est ex necessitate nunqnam in- troducitur, nisi quando necessarium. 2 Itolle, 002. That which is of necessity is never introduced, uuless wheu necessary. Quod est inconveniens aut contra rationem non permissum est in lege. Co. Litt. 178a. That which is inconvenient or against reason is not permissible in law. Quod est necessarium est licitum. What is necessary is lawful. Jenk. Cent p. 70, case 45. Quod factum est, cum in obscuro sit, ex affectione cujusqne capit interpreta- tionem. When there is doubt about an act, it receives interpretation from the (known) feelings of the actor. Dig. 50, 17, 68, 1. Quod fieri debet facile prsesumitur. Halk. 153. That which ought to be done Is easily presumed. Quod fieri non debet, factum valet. That which ought not to be done, when done, is valid. Broom, Max. 182. |
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