HORSE

10 definitions found across Law Mind sources

HORSEAuthored
The Law Mind • 1212 words
Definition
A horse is a domestic animal of the genus Equus, species caballus, recognized in law primarily as personal property subject to sale, theft, trespass, and statutory regulation. Legal usage of the term operates at two levels of generality that courts and legislatures have treated differently: (1) Narrow sense. The male of the species, four years of age or older. In this strict usage, younger males are colts, not horses, and females are mares. Even within this narrow sense, the term encompasses both stallions and geldings without distinction. (2) General sense (nomen generalissimum). The broader statutory meaning, in which "horse" serves as a genus term covering all animals of the horse kind — male or female, mature or immature, including mares, geldings, stallions, colts, and fillies. This is the dominant meaning in criminal statutes, animal protection laws, and commercial codes. Courts have consistently held that which meaning applies depends on statutory context. Where a legislature intends the broader meaning, "horse" functions as a class designation rather than a sex- or age-specific term.
Common Language
Modern common usage (Wiktionary): In general English, a horse is a large hoofed mammal domesticated for riding and draft work. Wiktionary also captures a specialized poker usage — a variant game cycling through five poker formats — entirely unrelated to legal meaning. Historical common usage (Webster's 1913): "A hoofed quadruped of the genus Equus; especially, the domestic horse (E. caballus)." Webster's treats "horse" as the general species name without distinguishing sex or age as determinative of the term's scope. Editorial note: The legal complexity that common usage misses is entirely definitional scope. Ordinary English uses "horse" as a species name with no sex- or age-based restriction. Legal usage, particularly in criminal statutes punishing horse theft or in commercial instruments listing "horses" as collateral, has required courts to decide whether a mare, a colt, or a mule falls within the term. That interpretive question — not the biology — is what makes the legal definition worth consulting.
Common Confusion
Three recurring confusions appear in historical sources and legal instruments: HORSE vs. COLT: The line is age-based (four years), not species-based. A colt is a young male horse. In statutes that separately list "horses and colts," the terms are not redundant — they cover different age classes. Where only "horse" appears, courts have split on whether colts are included under the general meaning. HORSE vs. MARE: In the narrow legal sense, horse means male only. Instruments that list "horses" without separately listing mares have generated disputes over whether females are covered. The modern and prevailing rule treats "horse" in statutes as encompassing both sexes unless the narrow sense is clearly intended. HORSE vs. MULE: Mules (Equus mulus, offspring of horse and donkey) are generally not included within "horse" even under the broadest statutory interpretation. Jurisdictions that intend to cover mules typically enumerate them separately.
Why It Matters in Research
Researchers encounter "horse" most frequently in three historical legal contexts: theft and larceny statutes (horse theft was often a capital or aggravated offense), early commercial instruments (bills of sale, liens, and inventory disputes involving livestock), and tort cases involving straying animals, trampling injuries, and duty of care. The key research trap is assuming that "horse" in a historical statute covers the same animals as "horse" in a modern one. Nineteenth-century courts were frequently called upon to determine whether a particular animal fell within a theft statute's coverage — and the answer turned on whether the court applied the narrow (male, four years or older) or general (genus) meaning. A theft conviction could stand or fall on that distinction. For corpus researchers working with antebellum or Reconstruction-era materials: horse theft statutes varied significantly by state in both penalty and definitional scope. Some states enumerated "horses, mares, colts, mules, and asses" exhaustively; others used "horse" alone and left scope to judicial interpretation. When reading case annotations from this period, verify which class of animal was actually involved — it may not match what the headnote implies. In property and commercial law contexts, "horses" appearing in mortgage instruments or bills of sale as a category raise after-acquired property and specific identification questions that turn on the same definitional scope problem.
Historical Dictionary Support
The four source dictionaries converge on the core framework — narrow versus general sense — but offer meaningfully different levels of development. Black's (2nd Ed.) provides the most systematic treatment, explicitly introducing the Latin nomen generalissimum to capture the broader statutory meaning and noting that the term's scope in any given instrument depends on context. This framing is the most analytically useful for researchers. Bouvier's aligns closely with Black's 2nd on both the age threshold (four years) and the genus interpretation, and adds that the general meaning has been recognized across multiple state court decisions. Bouvier's also notes the term's application in railroad-related statutory contexts — a reminder that horse litigation was not confined to theft; railroads killing or injuring livestock generated substantial nineteenth-century docket activity. Black's (1st Ed.) is briefer but consistent, noting the male/female distinction and the age threshold without elaborating on the general-sense rule. Anderson's Dictionary of Law entry attributed to "horse" in the source material is clearly a misattributed excerpt — it reproduces a definition of homicide by misadventure, not any horse-related legal content. Researchers should treat the Anderson's entry as a known transcription error in the corpus and not rely on it for this term. What historical dictionaries do not address: the treatment of horses as negotiable collateral under early commercial paper doctrine, the distinction between horses as chattels and horses as fixtures in agricultural lease disputes, and the full scope of horse-related regulatory law that developed in the late nineteenth and early twentieth centuries (licensing of stallions, veterinary inspection requirements, and the like).
Jurisdictional Note
Horse theft was treated as a felony across most American jurisdictions in the nineteenth century, but penalty severity and definitional scope varied. Some states confined aggravated penalties to the narrow class (mature males); others applied them to any equine. Modern statutory interpretation generally applies the broader genus meaning absent clear legislative signal to the contrary.
Encyclopedia Cross-Reference
Law Mind Encyclopedia — Animals in Law Law Mind Encyclopedia — Property Classification of Livestock
Related Terms
Colt — young male horse; distinct legal category in many theft and commercial statutes Mare — female horse; excluded from "horse" in narrow legal usage Mule — distinct species; generally not encompassed by "horse" even under broad interpretation Gelding — castrated male horse; included within "horse" in both narrow and broad senses Stallion — uncastrated male horse; included within "horse" in both senses Livestock — genus category of which horses form one class; relevant to agricultural and regulatory law Chattel — the property classification under which horses fall in personal property law Larceny — primary criminal context in which the definition of "horse" became legally contested Estray — legal term for a wandering animal of unknown ownership; relevant to horse-related tort and property disputes Nomen generalissimum — Latin term of art used by Black's 2nd Ed. to describe the broadest statutory meaning of "horse"
HORSEmain
Black's Law Dictionary • 1891
Until a horse has attained the age of four years, he is called a colt. 1 Russ. & R. 416. The word "horse" is used in a quasi generio sense, to include every description of the male, in contradistinction to the female or mare, whether stallion or gelding. 38 Tex. 555.
HORSEmain
Anderson's Dictionary of Law • 1890
This is (1) by misadventure, where a man doing a lawful act without intention to hurt, unfortunately kills another: as, where the head of a hatchet flies off and kills a by-stander; where a parent, teacher, or officer causes death from moderate punishment of a child, or of a criminal. The act is in itself lawful; the effect is accidental. This species of homicide is to be distinguished from manslaughter. Or, it is (2) in self-defense, upon a sudden affray, and with no avenue of escape from manifest danger to life or great bodily harm. Felonious homicide. Killing a human creature, of any age or sex, without justification or excuse.2 The killing may be of one's self or of another person. When without malice, the crime is manslaughter; when with malice, murder.2 See further DEFENSE, 1; INSANITY, 2 (6); MALICE; MANSLAUGHTER; MURDER; PROVOCATION; RETREAT; SUICIDE; THREAT. A generic term, including, ordinarily, the different species of the animal, however diversified by age, sex, or artificial means.4 In a given connection may not include a "gelding, mare, or colt." In an action against a railroad company for damages for killing a "horse," an amendment of the complaint describing the animal as a "mare" does not introduce a new cause of action.s An "ass" or "jackass" may be considered as a horse, within the meaning of an exemption law. So may a "mule" be, within a statute giving a remedy for injuries to "horses and cattle" by a railroad company. 1 McDonald v. Napier, 14 Ga. 105 (1853); 3 Bl. Com. 28; 19 Pa. 95; Weeks. Atty's, 536. 2 Hays v. Mitchell, 7 Blackf. *117 (1844). • See Ency. Britannica. Banks v. State, 28 Tex. 647 (1866); Taylor v. State, 44 Ga. 264 (1871); Owens v. State, 38 Tex. 557 (1873); Turley v. State, 3 Humph. 324 (1842); State v. Dunnavant, 3 Brev. 10 (S. C., 1811). South & North Ala. R. Co. v. Bees, 82 Ala. 342 (1886), cases. • Richardson v. Duncan, 2 Heisk. 222 (1870); Ohio, &c. R. Co. v. Brubaker, 47 III. 463 (1868). Toledo, &c. R. Co. v. Cole, 50 III. 186 (1869); Brown v. Bailey, 4 Ala. 413 (1842).
HORSEmain
Bouvier's Law Dictionary • 1928
Until a horse has attained the age of four years he is called a colt. 1 Russ. & R. 416. This word is sometimes used as a generic name for all animals of the horse kind; 44 Ga. 263; 3 Brev. 9. See Yelv. 67 a; 84 N. C. 226. It is also used to include every descrip- tion of the male, as gelding or stallion, in contradistinction to the female; 38 Tex. 555. In a statute giving a remedy against railroad companies for injuries to horses and cattle, it includes mules; 50 III. 184; 47 id. 462. The exemption of a horse from execution has been held to include whatever is essential to his enjoyment, as shoes and saddle; 21 Tex. 449; and it may include an ass or a jackass; 2 Heisk. 222; 47 III. 463; but not a stallion not kept for farm work; 38 Cal. 383.
HORSEn.
Websters Unabridged Dictionary (1913) • 1913
A hoofed quadruped of the genus Equus; especially, the domestic horse (E. caballus), which was domesticated in Egypt and Asia at a very early period. It has six broad molars, on each side of each jaw, with six incisors, and two canine teeth, both above and below. The mares usually have the canine teeth rudimentary or wanting. The horse differs from the true asses, in having a long, flowing mane, and the tail bushy to the base. Unlike the asses it has callosities, or chestnuts, on all its legs. The horse excels in strength, speed, docility, courage, and nobleness of character, and is used for drawing, carrying, bearing a rider, and like purposes. The male of the genus horse, in distinction from the female or male; usually, a castrated male. Mounted soldiery; cavalry; -- used without the plural termination; as, a regiment of horse; -- distinguished from foot. The armies were appointed, consisting of twenty-five thousand horse and foot. Bacon. A frame with legs, used to support something; as, a clotheshorse, a sawhorse, etc. A frame of timber, shaped like a horse, on which soldiers were made to ride for punishment. Anything, actual or figurative, on which one rides as on a horse; a hobby. A mass of earthy matter, or rock of the same character as the wall rock, occurring in the course of a vein, as of coal or ore; hence, to take horse -- said of a vein -- is to divide into branches for a distance. See Footrope, a. A breastband for a leadsman. An iron bar for a sheet traveler to slide upon. A jackstay. W. C. Russell. Totten. The name is locally applied to various other fishes, as the California hake, the black candlefish, the jurel, the bluefish, etc. -- Horse marine (Naut.), an awkward, lubbery person; one of a mythical body of marine cavalry. [Slang] -- Horse mussel (Zoöl.), a large, marine mussel (Modiola modiolus), found on the northern shores of Europe and America. -- Horse nettle (Bot.), a coarse, prickly, American herb, the Solanum Carolinense. -- Horse parsley. (Bot.) See Alexanders. -- Horse purslain (Bot.), a coarse fleshy weed of tropical America (Trianthema monogymnum). -- Horse race, a race by horses; a match of horses in running or trotting. -- Horse racing, the practice of racing with horses. -- Horse railroad, a railroad on which the cars are drawn by horses; -- in England, and sometimes in the United States, called a tramway. -- Horse run (Civil Engin.), a device for drawing loaded wheelbarrows up an inclined plane by horse power. -- Horse sense, strong common sense. [Colloq. U.S.] -- Horse soldier, a cavalryman. -- Horse sponge (Zoöl.), a large, coarse, commercial sponge (Spongia equina). -- Horse stinger (Zoöl.), a large dragon fly. [Prov. Eng.] -- Horse sugar (Bot.), a shrub of the southern part of the United States (Symplocos tinctoria), whose leaves are sweet, and good for fodder. -- Horse tick (Zoöl.), a winged, dipterous insect (Hippobosca equina), which troubles horses by biting them, and sucking their blood; -- called also horsefly, horse louse, and forest fly. -- Horse vetch (Bot.), a plant of the genus Hippocrepis (H. comosa), cultivated for the beauty of its flowers; -- called also horsehoe vetch, from the peculiar shape of its pods. -- Iron horse, a locomotive. [Colloq.] -- Salt horse, the sailor's name for salt beef. -- To look a gift horse in the mouth, to examine the mouth of a horse which has been received as a gift, in order to ascertain his age; -- hence, to accept favors in a critical and thankless spirit. Lowell. -- To take horse. (a) To set out on horseback. Macaulay. (b) To be covered, as a mare. (c) See definition 7 (above).
HORSEv.
Websters Unabridged Dictionary (1913) • 1913
To provide with a horse, or with horses; to mount on, or as on, a horse. "Being better horsed, outrode me." Shak. To sit astride of; to bestride. Shak. To cover, as a mare; -- said of the male. To take or carry on the back; as, the keeper, horsing a deer. S. Butler. To place on the back of another, or on a wooden horse, etc., to be flogged; to subject to such punishment.
HORSEv.
Websters Unabridged Dictionary (1913) • 1913
To get on horseback. [Obs.] Shelton.
HORSEnoun
Wiktionary (English) • 2026
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A poker variant consisting of five different poker variants, with the rules changing from one variant to the next after every hand.
horsenoun
Wiktionary (English) • 2026
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A hoofed mammal, Equus ferus caballus, often used throughout history for riding and draft work. | A hoofed mammal, Equus ferus caballus, often used throughout history for riding and draft work. | Any member of the species Equus ferus, including the Przewalski's horse and the extinct Equus ferus ferus. | A hoofed mammal, Equus ferus caballus, often used throughout history for riding and draft work. | Any current or extinct animal of the family Equidae, including zebras and asses. | A hoofed mammal, Equus ferus caballus, often used throughout history for riding and draft work. | Cavalry soldiers (sometimes capitalized when referring to an official category). | A hoofed mammal, Equus ferus caballus, often used throughout history for riding and draft work. | A component of certain games. | The chess piece representing a knight, depicted as a horse. | A hoofed mammal, Equus ferus caballus, often used throughout history for riding and draft work. | A component of certain games. | A xiangqi piece that moves and captures one point orthogonally and then one point diagonally. | A hoofed mammal, Equus ferus caballus, often used throughout history for riding and draft work. | A large and sturdy person. | A hoofed mammal, Equus ferus caballus, often used throughout history for riding and draft work. | A timber frame shaped like a horse, which soldiers were made to ride for punishment. | Equipment with legs. | In gymnastics, a piece of equipment with a body on two or four legs, approximately four feet high, sometimes (pommel horse) with two handles on top. | Equipment with legs. | A frame with legs, used to support something. | A type of equipment. | A rope stretching along a yard, upon which men stand when reefing or furling the sails; footrope. | A type of equipment. | A breastband for a leadsman. | A type of equipment. | An iron bar for a sheet traveller to slide upon. | A type of equipment. | A jackstay. | A mass of earthy matter, or rock of the same character as the wall rock, occurring in the course of a vein, as of coal or ore; hence, to take horse (said of a vein) is to divide into branches for a distance. | An informal variant of basketball in which players match shots made by their opponent(s), each miss adding a letter to the word "horse", with 5 misses spelling the whole word and eliminating a player, until only the winner is left. Also HORSE, H-O-R-S-E or H.O.R.S.E. (see H-O-R-S-E on WikipediaWikipedia). | The flesh of a horse as an item of cuisine. | A prison guard who smuggles contraband in or out for prisoners. | A translation or other illegitimate aid in study or examination. | Horseplay; tomfoolery. | A player who has been staked, i.e. another player has paid for their buy-in and claims a percentage of any winnings.
horseverb
Wiktionary (English) • 2026
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Synonym of horse around. | To play mischievous pranks on. | To provide with a horse; supply horses for. | To get on horseback. | To sit astride of; to bestride. | To copulate with (a mare). | To take or carry on the back. | To place (someone) on the back of another person, or on a wooden horse, chair, etc., to be flogged or punished. | To place (someone) on the back of another person, or on a wooden horse, chair, etc., to be flogged or punished. | To flog. | To pull, haul, or move (something) with great effort, like a horse would. | To cram (food) quickly, indiscriminately or in great volume. | To urge at work tyrannically. | To charge for work before it is finished. | To cheat at schoolwork by means of a translation or other illegitimate aid.

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