英文法律词典 I-18

IN GREMIO LEGIS. In the bosom¹ of the law. This is a figurative expression, by which is meant, that the subject is under the protection of the law; as, where land is in abeyance².

IN GROSS. At large; not appurtenant or appendant, but annexed³ to a man's per son: e. g. Common granted to a man and his heirs by deed, is common in gross; or common in gross may be claimed by prescriptive right. 2 Bl. Com. 34.

IN INVITUM. Against an unwilling⁴ party; against one who has not given his consent. See Invito domino.

IN JUDICIO. In the course of trial; a course of legal proceedings⁵.

IN JURE. In law; according to law, rightfully. Bract. fol. 169, b.

IN LIMINE. In or at the beginning. This phrase is frequently used; as, the courts are anxious to check crimes in limine.

IN LITEM, ad litem. For a suit; to the suit. Greenl. Ev. 348.

IN LOCO PARENTIS. In the place of a parent; as, the master stands towards his apprentice⁶ in loco parentis.

IN MITIORI SENSU, construction. Formerly⁷ in actions of slander⁸ it was a rule to take the expression used in mitiori sensu, in the mildest acceptation; and ingenuity⁹ was, upon these occasions, continually exercised to devise or discover a meaning which by some remote possibility the speaker might have intended; and some ludicrous examples of this ingenuity may be found. To say of a man who was making his livelihood¹⁰ by buying and selling merchandise, he is a base, broken rascal¹¹, he has broken twice, and I'll make him break a third time, was gravely asserted not to be actionable - "ne poet dar porter action, car poet estre intend de burstness de belly," Latch¹², 114. And to call a man a thief was declared to be no slander for this reason, "perhaps the speaker might mean he had stolen a lady's heart."

2. The rule now is to construe¹³ words agreeably to the meaning usually attached to them. 1 Nott & McCord, 217; 2 Nott & McCord, 511; 8 Mass. R. 248; 1 Wash. R. 152; Kirby, R. 12; 7 Serg. & Rawle, 451; 2 Binn. 34; 3 Binn. 515.

IN MORA. In default. Vide mora, in.

IN NUBIBUS. In the clouds. This is a figurative expression to signify a state of suspension or abeyance. 1 Co. 137.

IN NULLO EST ERRATUM, pleading. A plea to errors assigned on proceedings in error, by which the defendant¹⁴ in error affirms there is no error in the record. As to the effect of, such plea, see 1 Vent¹⁵. 252; 1 Str. 684; 9 Mass. R. 532; 1 Burr. 410; T. Ray. 231. It is a general rule that the plea in nullo est erratum confesses the fact assigned for error; Yelv. 57; Dane's Ab. Index, h. t.; but not a matter assigned contrary to the record. 7 Wend. 55; Bac. Ab. Error; G.

IN ODIUM SPOLIATORIS. In hatred¹⁶ of a despoiler¹⁷. All things are presumed against a despoiler or wrong doer in odium spoliatoris omnia praesumuntur.