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[Appendix.]

moral necessity." Where a belt in a mill WRIT OF HABEAS CORPUS.

employing 200 persons broke on a Saturday through an unexpected defect, and could not be repaired that day because gasoline could

See "Habeas Corpus."

See "Mandamus."

not be procured in a town of 3,000 inhabit- WRIT OF MANDAMUS.
ants, the repairing of it Sunday morning,
without which the mill would have to be
shut down Monday, as, after the belt was
glued, it had to dry 18 hours before it could
be used, was a work of necessity, within
the statute. State v. Collett (Ark.) 79 S. W.
791, 792, 64 L. R. A. 204 (quoting Shipley v.
State, 61 Ark. 216, 219, 32 S. W. 489, 33 S.
W. 107).

WORSHIP.

See "House of Worship."

WORTHY.

The word "worthy" is elastic in its meaning, according to the context in which used. It may-perhaps, more exactly, does mean virtuous, or of good standing, but its restriction to such significance would be absurd when used in a will enjoining the trustees of a fund to select subjects worthy of assistance; would strain through a distorting filter this testator's bounty, in view of the situations which he evidently contemplated as likely to surround its distribution. Kronshage v. Varrell (Wis.) 97 N. W. 928, 930.

WOUND.

See "Death Resulting from the Wound."

WRIT OF ERROR.

Appeal distinguished, see "Appeal."

A writ of error has been called an original writ, because it issued out of a reviewing court and was directed to the trial court; but it acts upon the record rather than upon the parties, removing the record into the supervising tribunal. The Supreme Court declares it to be "rather a continuation of the original litigation than the commence ment of a new action." Bristol v. United

States (U. S.) 129 Fed. 87, 89, 63 C. C. A. 529.

WRIT OF ERROR CORAM NOBIS.

The function of a writ of error coram nobis "is to vacate a judgment in the court where it was rendered by bringing some fact to the knowledge of that court which was not previously known, and which, if known, would have prevented the rendition of the judgment." On such a writ only such errors of fact can be assigned as are consistent with the record before the court in which the case was tried. Hadley v. Bernero, 78 S. W. 64, 67, 103 Mo. App. 549.

WRIT OF PROHIBITION.

See "Prohibition."

WRIT OF REVIEW.

The writ of review bears the same relation to our system of civil procedure that the writ of certiorari sustained to the common law, the name only of the latter having been changed by statute, and, like the ancient mode of procedure, the modern writ merely brings up the record. McAnish v. Grant, 74 Pac. 396, 397, 44 Or. 57.

A writ of review will lie only when the inferior court or tribunal has exceeded its jurisdiction or exercised its functions illegally or contrary to the course of procedure applicable to the matter before it. It cannot be used as a substitute for an appeal, nor can the mere error of an inferior court, officer, or tribunal, either of fact or of law, in the exercise of rightful jurisdiction, be reviewed or considered in such a proceeding. Farrow v. Nevin, 75 Pac. 711, 713, 44 Or. 496.

WRITTEN CONTRACT.

A "written contract" has been defined as "one which in all its terms is in writing." Bishop on Cont. (Enlarged Ed.) § 163. The signature of both parties is not always a necessary requisite to a written contract. National Cash Register Co. v. Lesko, 58 Atl 967, 968, 77 Conn. 276.

WRONG.

The term "wrong," in the maxim, “Eqedy," has a significance which does not reach uity will not suffer wrong without a remviolations of mere moral rights. Any other Wrong is said to involve a corresponding primary legal or equitable right, with an equitable or legal remedy, according to circumstances, for the former, and an equitable remedy for the latter. Harrigan v. Gilchrist, 99 N. W. 909, 933, 121 Wis. 127 (citing Pom. Eq. Jur. 424).

WRONGFUL ACT.

The term "wrongful act," as used in Rev. St. Idaho, § 4100, providing that when a person's death is caused by the wrongful act of another his heirs or personal representatives may maintain an action for damages against the person causing the death, implies

WRONGFUL ACT

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[Appendix.]

YEAR

See "First Ten Years."

the omission of some duty, and that duty | YEAR.
must be a duty owing to the decedent. It
cannot be that if the death was caused by
rightful act, or an unintentional act, with
no omission of duty owing to the decedent,
it can be considered wrongful. The death
of a free passenger on a railway train, not
due to the omission on the part of the rail-
way company of any duty owing to the de-
ceased, cannot be considered wrongful, with-
in Rev. St. Idaho, § 4100. Northern Pac. R.
Co. v. Adams, 24 Sup. Ct. 408, 409, 192 U.
S. 440, 48 L. Ed. 513.

When reference is made to a certain year the presumption is that the calendar year is meant; but where a legislative body is acting under a constitution providing a fiscal year different from the calendar year, its fiscal legislation should be referred to the fiscal year, and not to the calendar year. State v. Jennings, 47 S. E. 683, 685, 68 S. C. 411.

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11/2/25

WEST PUBLISHING CO., PRINTERS AND STEREOTYPERS, ST. PAUL, MINX.

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