Page:Black's Law Dictionary (Second Edition).djvu/1105

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SOLVENCY
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SOLVENCY. Ability to pay; present ability to pay; ability to pay one's debts out of one's own present means. Marsh v. Dunckel. 25 Hun (N. Y.) 169: Osborne v. Smith (C. C.) 18 Fed. 130; Larkin v. Hapgood, 56 Vt. 601; Sterrett v. Third Nat Bank. 46 Hun (N. Y.) 26; Reid v. Lloyd, 52 Mo. App. 282.

SOLVENDO. Lat. Paying. An apt word of reserving a rent in old conveyances. Co. Litt. 47a.

SDLVENDO ESSE. Lat. To be in 8 state of soliency; i. 0., able to pay.

Solvendo esne nemo intelligitnr nlsi q_n:| lnlirlum potest solvere. No one is considered to be solvent unless he can pay all that he owes Dig. 50, 16, 114.

SOLVENT. A solvent person is one who is able lo pay all his just debts in full out of his own present means. See Dig. 50, 16, 114. And see SoLv1:Nor.

SOLVERE. Int. To pay; to comply with ones engagement; to do what one has undertaken to do; to release one's self from oi-1i.:.ition, as by payment of a debt. Galvin. —Solvere pcenas. To pay the penalty.

SOLVIT. 206.

—Solvit ad diem. He paid at the day. The technical name of the plea. in an action of deht on hand. that the defendant paid the money on (Ire day mentioned in the condition. 1 Archh. .\'. I‘. 220. ‘221.—Solvit ante diam. A plea that the money was paid before the day appoint- (~«l.—Sol1r.'it post diem. He paid after the day. The plea in an action of debt on iiond that the iieieadant paid the money after the dog named for the payment, and hefnre the commencement of the suit. 1 Archh. N. P. 222.

Int. He paid: paid. 10 East,

Solvitnr adliue aocietns etiam matte rocii. A partnership is moreover dissolved lo‘ the death of a parLner. Inst. 3, 26, 5; Dig. 17, 2.

Solvitur eo ligamina qua ligntur. In the some manner that a thing is hound it is iiulnnsed. Livingston v. Lynch, 4 Johns. Ch. (N. Y.) 582.

SOIVIEESII-?J."l"S CASE. A Celebrated decision of the English king's bench, in 1T"1. (20 How. St. Tr. 1.) that slavery no longer existed in England in any form, and could not for the future exist on English soil, and that any person lirought into England as a slave could not he thence removed except by the legal means applicable in the case of any free-born person.

SOMMATION. In French law. A demand served by a lun's.i~ier, by which one party calls upon another to do or not to do a

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SORNE R

certain thing. This document has for its oliject to establish that upon a certain date the demand was madn. Arg. Fr. Mere. Law. 574.

SOMNAMBULISM. Sleep-walliing. Whether this condition is anything more th.in a cu-operation of the voluntziry muscles wi1J.1 the thoughts which occupy the mind during sleep is not settled by physiologists. Wharton.

SOMPNOIIR. In ecclesiastical law, an officer of the ecclesiastical courts whose duty was to serve citations or process.

SON. An immediate male descendant; the correlative of "rather." Technicaily a word of purchase, unless explained. Its meaning may be extended by construction to include more remote descendants, such as a grand- child, and also to include an iliegilhnate male child. though the presumption is against this. See Flora v. Anderson (C. C.) 67 Fed. 18

Lind v. Burke, 56 .\4eb. T85, 77 N. W. 44 , ‘larni1il's Appeal. 70 Pa. 341; Jamison v.

Elay. 46 Mo. 548; Term. 323.

Phipps v. Mnlgriive, 5

SON. Fr His. Her. See Oiv. Code La.

art. 3522.

—-Son assault demesne. His own assault. A plea which occurs in the actions of trespass and trespass on the c by which the defendant alleges that it was the plaintiff's own original assault that occasioned the trespass for which he has brought the action, and that what the defendant did was merely in his own defense. Steph. Pi. 1513.

SON-IN-LAW. The husband of one's daughter.

SONTAGE. cieutly laid upon every l;night's fee.

A tax of forty shlilings an- Cowell.

SONTICUS. Lllt. In the civil law. Hurt- ful; injurious; hindering: excusing or justifving delay. illorbus soim'cu.r is any lJ.lness of so serious a nature as to prevent a defendant from appearing in court and to give him a valid excuse. Calvin

SOON. If there is no time specified for the perfuininnce of an act, or if it is speci- ficd that it is to be performed soon, the law implies that it is to be performed within a reasonable time. Sanford v. Shepiiard, 14 Kan. 23'...

SOREHON, or SORN. An arbitrary ex- action, formerly existing in Scotland and Ireland. Wheneier a chieftain had a mind to revel. he came down among me tenants with his followers, by way of contempt called "G-Elliwit]i1t.vc." and lived on free quarters. Vvharton; Bell.

SORN!-JR. In Scotch lau. A person who takes meat and drink from others by force or mennces, without paying for it. Bell.