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to her legal heirs. Buck v. Paine, 75 Me. I leave no legal heirs," then to the son, the 582, 589. words "leave no legal heirs" are equivalent to "leave no lawful issue." Church v. Baer, 84 Atl. 1099, 1100, 236 Pa. 605.

LEGAL HOLIDAYS

The words "legal holidays," as used in Comp. Laws 1897, § 5395, requiring saloons to be closed on all "legal holidays," not only includes legal holidays existing at the time of the adoption of the section, but includes holidays subsequently created by the Legislature, such as Labor Day, made a holiday by the act of 1893. People v. Kriesel, 98 N. W. 850, 851, 136 Mich. 80, 4 Ann. Cas. 5.

Code, 2448, par. 9, provides that sa

Testator gave half of his residuary estate of which his homestead formed a part to a niece for life, and provided, on her death without issue, the homestead should pass to the children of an uncle, and such children should participate equally with testator's "legal heirs" in whatever balance there might be over and above the homestead. Held, that his legal heirs were those who, in absence of a will, were entitled by law to inherit by descent ascertained at the time of testator's death, excluding the widow. Perry v. Bulkley, 72 Atl. 1014, 1019, 82 Conn. 158. A deed of gift by parents to a son, which designates the son and his legal heirs as par-loons shall not be open nor shall any sales ties of the second part, and which conveys the property to the legal heirs, and which recites that the son shall have full control of it for life to maintain his family, and declares that he shall not sell, mortgage, or transfer his life interest, and that at his death his wife surviving shall, for life or until her remarriage, have equal shares with the heirs of the son, she not to sell or incumber her interest, gives the son no interest in the property except the power to control it for life, and in the absence of any showing that there is a surplus of income above what is necessary for the family, the son has no interest subject to execution, within Ky. St. 1691, subjecting equitable interests to the payment of the debt of an execution creditor; the words "legal heirs" meaning children. Mt. Sterling Nat. Bank v. Duff, 140 S. W. 60, 61, 145 Ky. 67.

A testator bequeathed corporate stock to a trustee, to pay the income thereof to a grandson and granddaughter for life, and at their death the same to be distributed to their respective "legal heirs," except that, if the "legal heirs" of the grandson should be the granddaughter, the trusteeship should continue and the income be paid to the granddaughter for life. Held, that the words "legal heirs" were used in their primary sense. Grant v. Stimpson, 66 Atl. 166, 167, 79 Conn. 617.

The “legal heirs" intended by a will were those who answered the description at the time of testator's death, where no contrary intention was indicated. The term “legal heirs" meant those who answered that description under the laws of the state; and a provision for equally dividing each of four certain parts of the estate among the legal

heirs of the persons named required such a division as is provided by the laws of the state for the distribution of the estate of a

deceased person among his descendants. Harris v. Ingalls, 68 Atl. 34, 37, 74 N. H. 339.

Where testator devises land to his wife for life, and after her death to his daughter, and, if she shall not outlive her mother "and

be made on Sunday, or any election day, "or legal holiday." Section 3053, headed "Holidays," directs that certain days, including July 4th, shall be legal holidays for purposes relating to bills of exchange. Section 3541 provides that no person shall be held to answer in any court on the days enumerated in the preceding section. Section 4688, headed "Not on election days or holidays," declares that no party shall be required to take depositions on any days on which appearance cannot be required. Held, that the term "legal holiday," as used in section 2448, relates to the days designated in section 3053 as "holidays." Brennan v. Roberts, 101 N. W. 460, 462, 125 Iowa, 615.

The meaning of the phrase "days of public rest and legal holidays" is the opposite of "secular or business day," and excludes entirely and absolutely the idea of holding court. The words "legal holiday"

That

and "dies non" are convertible terms.
they are so in the legislation of Louisiana "is
demonstrated by the fact that they are so
used in Act No. 110 of 1896, p. 158, making
Decoration Day a legal holiday." State v.
Duncan, 43 South. 283, 287, 118 La. 702, 10
L. R. A. (N. S.) 791, 11 Ann. Cas. 557.

Act March 4, 1905 (Acts 1905, p. 196, c. 118), is entitled "An act concerning legal holidays, the maturity of negotiable instruments, creating a Saturday half-holiday for banking institutions in certain cities, repealtain days, including Labor Day, as "legal ing all laws," etc. Section 1 designates cer

holidays," without restriction or limitation.

Section 2 (page 197) declares that every Saturday after 12 o'clock noon in cities of more than 35,000 inhabitants shall, in addition to be a legal holiday for banks, etc., and section the legal holidays mentioned in section 1, 3 provides for the presentation, payment, etc., of negotiable instruments which mature on Sunday or a legal holiday. Held, that the

holidays created by section 1 were legal holidays for all purposes, and hence the sale of liquor on Labor Day constituted a violation of Act March 10, 1905 (Laws 1905, p. 721, c. 169, § 579), prohibiting the sale of liquor on

certain specified days "or any legal holiday." | stituting a rule of property in that state, then State v. Shelton, 77 N. E. 1052-1054, 38 Ind. the courts of other states construing the will App. 80. give to such words the same meaning. Ball V. Phelan, 49 South. 956, 968, 94 Miss. 293, 23 L. R. A. (N. S.) 895. LEGAL INTEREST

In view of Const. art. 6, § 5, providing that courts shall be always open, legal holidays excepted, and Code Civ. Proc. § 10, as amended by St. 1907, p. 561, c. 287, making every Saturday from 12 o'clock noon until 12 o'clock midnight a holiday, and sections 134, 135, as amended by St. 1907, pp. 681, 682, c. 358, authorizing courts to be open on holidays for specified purposes, trial courts ought to treat Saturday afternoon as a legal holiday. People v. Heacock, 102 Pac. 543, 546, 10 Cal. App. 450.

Under Rev. St. 1895, art. 2939, declaring February 22d a legal holiday, and article 1180, inhibiting the issuance of process on any legal holiday excepting in cases of injunction, distress proceedings, etc., a citation, in a divorce preceeding, whether original or an alias, issued on February 22, is invalid, and will not confer jurisdiction upon the court nor support a judgment. Michael v. Michael (Tex.) 100 S. W. 1018.

LEGAL INJURY

Whatever invades a person's rightful dominion over his property is a "legal injury," whether damage ensues or not. Such dominion is a right, for the violation of which the law imports damage, and courts of equity have always interposed, in a proper case, to protect the right without any reference to the question of actual damage, the motive which instigated the party to invoke its aid, or the benefits it derives from the act. Allen v. Stowell, 79 Pac. 371, 372, 145 Cal. 666, 68 L. R. A. 223, 104 Am. St. Rep. 80.

A contract or combination in restraint of interstate commerce, prohibited by AntiTrust Act July 2, 1890, c. 647, 26 Stat. 210, is not merely illegal in the sense that it is not enforceable, but is per se unlawful, and one who is harmed in his business or property by such a contract or combination has suf

fered a “legal injury," within the meaning of section 7 of the act, and is by such section given a right of action therefor. WheelerStenzel Co. v. National Window Glass Jobbers' Ass'n, 152 Fed. 864, 865, 871, 81 C. C. A. 658, 10 L. R. A. (N. S.) 972. LEGAL INSANITY

"Legal insanity" excusing the commission of a criminal act is a disease of the brain, rendering a person incapable of distinguishing between right and wrong with respect to the offense charged. State v. Privitt, 75 S. W. 457, 459, 175 Mo. 207.

LEGAL INTENT

The words "legal intent," when applied to the intention of a testator, mean that where a testator has used in his will technical terms to which the courts of his domicile have attached a settled judicial meaning con

See Direct Legal Interest.

As interest, see Interest (In Property);
Interest (On Money).

Under Revision 1902, § 56, providing for a rebate of legal interest on the payment of that portion not yet due of a mortgage payable at a future date without interest, such "legal interest" is the rate used by the

parties in fixing the amount of the mortgage terest. Greenville Building & Loan Ass'n v. payable in monthly installments without inWholey, 59 Atl. 341, 346, 68 N. J. Eq. 92. LEGAL ISSUE

Legal heirs as including, see Legal Heirs.

Under

The words "legal issue," when used in a will and unexplained by the context, have the meaning of descendants, and gift to the "legal issue" of testator's daughter, after a life estate to her, is a gift to her descendants, and is not limited to her children. a gift to the "legal issue" of testator's daughter, after a life estate to her, the trust fund held for her life will vest on her death absolutely in interest in all her descendants who are living in equal portions per capita. Schmidt v. Jewett, 88 N. E. 1110, 1111, 195 N. Y. 486, 133 Am. St. Rep. 815. LEGAL KNOWLEDGE

See Presumption of Legal Knowledge. LEGAL LIFE ESTATE

"Legal life estates" are those made by operation of law. Disley v. Disley, 75 Atl. 481, 483, 30 R. I. 366.

LEGAL MALICE

See Implied Malice; Malice.

LEGAL MEASURE OF DUTY

The rule of law now generally recognized is that the "legal measure of duty," except that made absolute by law, is better expressed by the phrases "due care," "reasonable care," or "ordinary care," used interchangeably. Raymond v. Portland R. Co., 62 Atl. 602, 604, 100 Me. 529, 3 L. R. A. (N. S.) 94.

LEGAL MEETING

In the statute providing that no alienation, or mortgage, of the real estate of any mining corporation shall have any force or effect, unless authorized at some meeting of stockholders, and that no meeting of stockholders shall be held to be "legal or valid," unless notice of the time, place, and object of holding the same be published, etc., the words "legal or valid" are not to be given a literal interpretation. The statute does not give strangers the right to raise questions as

gal notice" in this connection as either actual or constructive notice, and provides that, where the consignee is personally served with notice, free time begins at 7 o'clock the following morning. New Orleans & N. E. R. Co. v. A. H. George & Co., 35 South. 193, 195, 82 Miss. 710.

to the regularity of a mortgage which the stockholders elect to waive. Thus where the notice for a stockholders' meeting of a corporation stated that the purpose of such meeting was to authorize the issue of bonds to the extent of $100,000, to be secured by mortgage, etc., and the issue authorized was $150,000, one not a stockholder, but a purchaser, Notice of appointment of two executors, at execution sale, of the corporation's equity one residing within the state and the other of redemption in the property mortgaged, without the state, which failed to include the could not raise the question of the irregular-name and address of the agent or attorney ity. Beecher v. Marquette & Pacific Rolling of the latter, was not a "legal notice" withMill Co., 7 N. W. 695, 696, 697, 45 Mich. 103. in the meaning of Rev. St. c. 87, § 18, providing that, when an executor or administrator does not give "legal notice" of his appointment, he cannot avail himself of the statute of limitations against claims against the estate, Id. § 12, providing that executors or administrators residing out of the state at the time of giving notice of their appointment shall appoint an agent or attorney in the state, and insert his name and address in such notice. Dyer v. Walls, 24 Atl. 801, 802, 84 Me. 143.

LEGAL NAME

For the purpose of giving constructive notice to a defendant in a suit to foreclose a mortgage, where he has not sued on a written instrument signed by himself, his "legal name" includes his first Christian name and surname. Hence foreclosure of a mortgage did not divest the title of a nonresident defendant who was sued by the initial letters of his name, there being no personal service of summons upon him, or appearance in his behalf, and the record showing that he did not sign the mortgage or the note secured thereby. Butler v. Smith, 120 N. W. 1106, 1107, 84 Neb. 78, 28 L. R. A. (N. S.) 436.

LEGAL NEGLIGENCE

"Legal negligence" is the omission of such care as persons of ordinary prudence exercise and deem adequate to the circumstances of the case. Dooling v. City of New York, 132 N. Y. Supp. 1012, 1014, 148 App. Div. 713.

LEGAL NEWSPAPER

See Newspaper.

LEGAL NOTICE

See Implied Notice.

"Legal" or "implied notice" is the same as "constructive notice," which, according to Wilson's Rev. St. Ann. 1903, c. 16, § 12, is notice imputed by the law to a person not having actual notice. Implied notice does not include either positive knowledge or information so direct as to necessarily carry conviction to the mind of the person notified, and neither does it belong to that class which depends on legal presumption, but it is substantial evidence from which the jury after estimating its value may infer notice. Cooper v. Flesner, 103 Pac. 1016, 1020, 1021, 24 Okl. 47, 23 L. R. A. (N. S.) 1180, 20 Ann. Cas. 29 (quoting Wilson v. Brown, 15 N. Y. 354; Wade, Law of Notice, §§ 3, 4, 5).

Rules of the Mississippi Railroad Commission provide that railroad companies shall give prompt notice by mail or otherwise to the consignee of the arrival of goods and that no storage or demurrage charges shall be allowed unless legal notice of the arrival of the goods has been given, and defines "le

Where it appeared from the report of viewers for the laying out of a lot that they had given "legal notice" of the fact, presumably they had given the notice required by law. Crescent Tp. v. Pittsburg & L. E. R. Co., 59 Atl. 1103, 1105, 210 Pa. 334.

Whatever is sufficient to put a subsequent purchaser on inquiry must be considered "legal notice" to him of the facts inquiry would have disclosed by the exercise of reasonable diligence. Jennings v. Lentz, 93 Pac. 327, 329, 50 Or. 483, 29 L. R. A. (N. S.) 584.

LEGAL OBLIGATION

Debt as legal obligation, see Debt.
LEGAL PERSONALITY

The Roman Catholic Church in the Philippine Islands is a legal personality, with capacity to hold property acquired by gift. Santos v. Holy Roman Catholic and Apostolic Church, 29 Sup. Ct. 338, 339, 212 U. S. 463, 53 L. Ed. 599.

LEGAL PLAINTIFF

The "legal plaintiff" is the person in whom the legal title or right of action is vested, while the "equitable plaintiff" is the person who does not have the legal title to the right of action but is in equity entitled to the thing sued for. Burrell v. United States, 147 Fed. 44, 46, 77 C. C. A. 308. LEGAL POSSESSION

As possession, see Possession.

When a delivery of goods is made for a specific purpose, the possession is still supposed to reside in the first proprietor, and, where any person has the bare charge of another's effects, legal possession remains in the owner; and therefore where the finder of the purse told defendant's wife thereof,

and she stated that the purse looked like | tain matters for the purpose of some given her husband's and took the same, telling the inquiry. They may be grounded on the genfinder that if it did not belong to her hus-eral experience or probability of any kind, band she would return it, and afterwards or merely on policy and convenience. On possession was given to him on his claim of whatever basis they rest, they operate in ownership, when in fact it belonged to an advance of argument or evidence, or irreother, the "legal possession" remained in spective of it, by taking something for grantthe finder, and defendant's claim thereto ed; by assuming its existence." And on constituted larceny. Williams v. State, 75 page 337 this language occurs: "While it is N. E. 875, 877, 165 Ind. 472, 2 L. R. A. (N. obvious, then, that a presumption-i. e., the S.) 248 (citing Smith v. People, 53 N. Y. 111, assumption, intendment, taking for granted 13 Am. Rep. 474; Bish. New Cr. Law, § 824).

To be "legal," possession taken by a mortgagee must have been taken in good faith, free from fraud or wrong, and without violation of any contract relation with the mortgagor. Jaggar v. Plunkett, 106 Pac. 280, 281, 81 Kan. 565, 25 L. R. A. (N. S.) 935. The term "legal possessor," as used in Civ. Code Cal. § 3052, providing that a person who makes, alters, or repairs any article of personal property at the request of the owner or legal possessor of the property has a lien upon the same for his reasonable charges, means one who has the right by virtue of his possession to originally contract with reference to the manufacture, alteration, or repair thereof, such as, for example, a lessee or pledgee of the property; some one having a possession coupled with a right of property so that he can contract with reference to it respecting any of the matters enumerated in the section. Where defendants engaged another to peel tanbark from trees on their land and deliver it at a certain place, and the latter hired plaintiffs to do the work, and no contractual relationship existed between defendants and plaintiffs, plaintiffs were not entitled to a lien for their wages on bark peeled by them remaining on defendants' land. Quist v. Sandman, 99 Pac. 204, 209, 154 Cal. 748.

LEGAL PRESUMPTION

which we call by that name, accomplishes, for the moment at any rate, the work of reasoning and evidence it should be remarked, as I have said before, that neither this result, nor the rule which requires it, constitutes in itself either evidence or reasoning. This might seem too plain to require mention if it were not for the loose phraseology in which courts sometimes charge the jury, leaving to it in a lump 'all the evidence and the presumptions' as if they were capable of being weighed together as one mass of probative matter." If there is a legal presumption that the ordinary man performs his duty and is not negligent, it is no more competent as evidence to prove the fact in a particular case, in the absence of other proof,

than are other rules of law, including the presumption of innocence of criminal cases. Wright v. Boston & M. R. Co., 65 Atl. 687, 691, 74 N. H. 128, 8 L. R. A. (N. S.) 832, 124 Am. St. Rep. 949.

A "legal presumption" is one which the law will recognize. Thus where testator retained custody of his will or had ready access to it, and it could not be found after his death, a "legal presumption" would be raised that the will and codicil were destroyed by him animo revocandi. Hutson v. Hartley, 74 N. E. 197, 199, 200, 72 Ohio St. 262.

In an action against a physician for malpractice, there is no presumption of the physician's negligence, and the burden of showing it is upon plaintiff. A true "legal presumption" is in the nature of evidence, and is to be weighed as such. The rules which impose the burden of proof upon certain parties, when designated as presumpIntions, are dry presumptions, having only a technical existence, and barren of all probative character when the case goes to the Sheldon V. jury on conflicting evidence. Wright, 67 Atl. 807, 814, 815, 80 Vt. 298.

"The French Civil Code, calls all 'presumptions' consequences that the law or the judge draws from a known fact to an unknown fact, and a 'legal presumption' one that a special law applies to certain facts. Cachard's Translation, arts. 1349, 1350." re Cowdry's Will, 60 Atl. 141, 142, 77 Vt. 359, 3 Ann. Cas. 70.

LEGAL PROCEEDINGS

Expenses of legal proceedings, see Expenses.

As said by Doe, J., in Lisbon v. Lyman, 49 N. H. 553, 563: "A legal presumption' is not evidence. In civil cases it is the finding of a fact or the decision of a point, when there is no testimony, and no inference of fact from the absence of testimony, on the subject or when the evidence is balanced. And often the fact is also found, or the deAttachment proceedings are "legal procision made, by the rule of law which im- ceedings" within Bankruptcy Act July 1, poses the burden of proof on the party hav- 1898, c. 541, § 3a (3), 30 Stat. 546, which ing the affirmative." In his Treatise on Evi- makes it an act of bankruptcy for an insolvdence, Prof. Thayer says (page 314): "Pre-ent person to permit a creditor to obtain a sumptions are aids to reasoning and argu- preference through legal proceedings. In re mentation, which assume the truth of cer- Putman, 193 Fed. 464, 473.

LEGAL RATE

See Contract Rate.

A landlord within four months before "legal process." Runkle v. Citizens' Ins. Co., the filing of a petition in bankruptcy may 6 Fed. 143, 145. levy his distress and thereby acquire a lien which a subsequent bankruptcy adjudication would not render void or voidable, the lien thereby secured not being under the law of Maryland a lien secured "by legal proceedings" within Bankruptcy Act July 1, 1898, c. 541, § 67c, 30 Stat. 564. In re Potee Brick Co. of Baltimore City, 179 Fed. 525, 530.

All goods on demised premises, by the common law, or the statutory law of Pennsylvania, may be considered as under a quasi pledge to the landlord, which gives superiority to the specific lien acquired by a distraint. Such a lien is not one obtained through legal proceedings within Bankr. Act. July 1, 1898, c. 541, § 67f, 30 Stat. 565, and is not divested by the bankruptcy of the tenant within four months thereafter, and the same rule applies where the bankrupt was a subtenant, admitted to the premises by the lessee without the landlord's consent. West Side Paper Co., 162 Fed. 110, 112, 89 C. C. A. 110, 15 Ann. Cas. 384.

In re

The expression "legal rate," used in Rev.

St. 1899, § 1092, requiring railroads to fur-
nish double-deck cars for the shipment of
sheep, and declaring that it shall not be law-
ful for any railroad to charge for transpor-
tation of a double-deck car more than the le-
gal rate of freight allowed for the shipment
of stock, means that, as a maximum rate has
been fixed for stock of all kinds, the charge
for a double-deck car of sheep should not ex-
ceed that rate. Wynn v. Wabash R. Co., 86
S. W. 562, 564, 111 Mo. App. 642.
LEGAL RELATION

"Legal relation," as used in the rule that the measure of a succession tax under a will is the "legal relation" borne by the legatee to the testator, is the relation established by the law, and, while it usually follows the natural relation, it does not in all cases. In re Cook's Estate, 79 N. E. 991. 993, 187 N. Y. 253.

LEGAL REMEDY

The general lien of a landlord for rent, given by Code Ga. § 2795, to "date from the time of the levy of a distress warrant to enforce the same," is not created by judgment, A "personal remedy" is where the injurnor obtained through legal proceedings, with-ed party seeks redress of the party who inin the meaning of the bankrupt act of July flicted the wrong and thus obtains a remedy 1, 1898 (30 Stat. 565, c. 541), § 67f, and is for the wrong committed, while a "legal remtherefore not defeated by the provisions of edy" is where the injured party seeks his that section, although the levy was made remedy by and through the intervention of within four months of the filing of the pe- the courts. People ex rel. Stidger v. Horan, tition in bankruptcy against the tenant. 86 Pac. 263, 34 Colo. 336, 114 Am. St. Rep. Henderson v. Mayer, 32 Sup. Ct. 699, 700, 225 163. U. S. 631, 56 L. Ed. 1233.

LEGAL REPRESENTATIVE

A lien on a bankrupt's assets secured by filing a creditor's bill within four months of The phrase "legal representatives" usuthe filing of a bankruptcy petition is one se- ally means executors or administrators, but cured "by legal proceedings," which by Bank- it cannot, of course, mean executors and adruptcy Act July 1, 1898, c. 541, § 67c, 30 Stat.ministrators only, in whatever instrument it 541, is avoided by the adjudication. In re Potee Brick Co. of Baltimore City, 179 Fed. 525, 530.

LEGAL PROCESS

The term "legal process" means a process fair on its face, and one charged with resisting an officer in the levying of an execution issued by a justice of peace on a judgment rendered by him may show that the judgment was void and that the officer had knowledge thereof, though the state to make out a case need not show that the execution had behind it a legal judgment. State v. Knapf, 96 Pac. 1076, 50 Wash. 229, 21 L. R. A. (N. S.) 66.

may appear, and with reference to all the different subject-matters treated of in the multitude of varying instruments, and no matter what the plain purpose of the maker of the instrument using the phrase may be in using it. It may, in various circumstances, mean executors, administrators, heirs, legatees, assignees, and devisees, even while legatees or devisees are strangers; in short, it may mean any person or corporation taking the beneficial interest in property, real or personal.

Allen v. Alliance Trust Co., 36 South. 285, 286, 84 Miss. 319.

The terms "legal representatives," "personal representatives," etc., are often used in statutes and instruments of writing so as to include all persons who stand in place or represent the interests of another, either by his In re Harton's act or by operation of law. Estate, 62 Atl. 1058, 1059, 213 Pa. 499, 4 L. R. A. (N. S.) 939.

The phrase "legal process" means valid legal process. Where a policy provided that, if any change take place in the possession of the property by legal process, it shall avoid the policy, an illegal assessment and a seizure and sale of the insured property there- Testator, after bequeathing one half of under were not a change in the possession by his estate to his wife, directed that the re

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