IN RE

In the affair; in the matter of. This is the usual method of entitling a judi- cial proceeding in which there are not adver- sary parties, but merely some res concerning which judicial action is to be taken, such as IN REBUS, ETC. a bankrupt's estate, an estate in the probate court, a proposed public highway, etc. It is also sometimes used as a designation of a proceeding where one party makes an appli- cation on his own behalf, but such proceed- ings are more usually entitled "Ex parte -." In re communi neminem dominorum jure facere quicquam, invito altero, posse. One co-proprietor can exercise no authority over the common property against the will of the other. Dig. 10, 3, 28. In re communi potior est conditio prohibentis. In a partnership the condi tion of one who forbids is the more favora ble. In re dubia, benigniorem interpreta- tionem sequi, non minus justius est quam tutius. In a doubtful matter, to follow the more liberal interpretation is not less the juster than the safer course. Dig. 50, 17, 192, 1. In re dubia, magis inficiatio quam affirmatio intelligenda. In a doubtful matter, the denial or negative is to be under- stood, [or regarded,] rather than the affirm- ative. Godb. 37. In re lupanari, testes lupanares admit- tentur. In a matter concerning a brothel, prostitutes are admitted as witnesses. 6 Barb. 320, 324. In re pari potiorem causam esse pro- hibentis constat. In a thing equally shared [by several] it is clear that the party refus- ing [to permit the use of it] has the better cause. Dig. 10, 3, 28. A maxim applied to partnerships, where one partner has a right to withhold his assent to the acts of his copartner. 3 Kent, Comm. 45. In re propria iniquum admodum est alicui licentiam tribuere sententiæ. It is extremely unjust that any one should be judge in his own cause. In rebus manifestis, errat qui authori- tates legum allegat; quia perspicue vera non sunt probanda. In clear cases, he mistakes who cites legal authorities; for ob- vious truths are not to be proved. 5 Coke, 67a. Applied to cases too plain to require the support of authority; "because," says the report, "he who endeavors to prove them obscures them." In rebus quæ sunt favorabilia animæ, quamvis sunt damnosa rebus, fiat ali- quando extensio statuti. 10 Coke, 101. J K L M

In the affair; in the matter of. This is the usual method of entitling a judicial proceeding in which there are not adverSary parties, but merely some res concerning which judicial action is to be taken, such as a bankrupt’s estate, an estate in the probate court, a proposed public highway, etc. It is also sometimes used as a designation of a proceeding where one party makes an application on his own behalf, but such proceedings are more usually entitled “Ea parte In re communi neminem dominorum jure facere quicquam, invito altero, posse. One co-proprietor can exercise no authority over the common property against the will of the other. Dig. 10, 3, 28. In re communi potior est conditio prohibentis. In a partnership the condition of one who forbids is the more favorable. In re dubia, benigniorem interpretationem sequi, non minus justius est quam tutius. In a doubtful matter, to follow the more liberal interpretation is not less the juster than the safer course. Dig. 50, 17, 192, 1. In re dubia, magis inficiatio quam affirmatio intelligenda. In a doubtful matter, the denial or negative is to be understood, [or regarded,] rather than the aflirmative. Godb. 37. In re lupanari, testes lupanares admittentur. In a matter concerning & brothel, prostitutes are admitted as witnesses. Van Epps v. Van Epps, 6 Barb. (N. Y.) 320, 324. In re pari potiorem causam esse prohibentis constat. In a thing equally shared [by several] it is clear that the party refusing [to permit the use of it] has the better cause. Dig. 10, 3, 28 A maxim applied

In the matter of. An expression used in entitling matters other than actions, in which there is not any plaintiff and defendant, especially in the courts of bankruptcy. In re communi potior est conditio prohibentis: In a partnership the condition of one who forbids is the more favorable. When partners are equally divided, those who forbid any change or other alteration have their way. In re dubia, benigniorem interpretationem sequi, non minus justius est quam tutius (D. 50, 17, 192): In a doubtful matter, to follow the more liberal interpretation is not less the just than safe. In re dubia, magis inficiatio quam affirmatio intelligenda (Godb. 37): In a doubtful case, the negative is rather to be understood than the affirmative. In rebus manifestis, errat qui auctoritates legum allegat; quia perspicua vera non sunt probanda (5 Co. 67): IN PHILADELPHIA FUNDS, (note payable). 3 In things manifest, he errs who cites legal Bouv. Inst. 629 n. authorities, because obvious truths need not be proved. A maxim not very closely followed by IN PLENO LUMINE.-In public; in many of our judges in preparing their opinions common knowledge; in the light of day. In pœnalibus causis benignius interpretandum est (D. 50, 17, 155, § 1): In penal causes the interpretation ought to be the more favorable. on questions of law. In rebus quæ sunt favorabilia animae, quamvis sunt damnosa rebus, flat aliquando extensio statuti (10 Co. 101): In things that are favorable to the spirit, though injurious to things, an extension of a IN POSSE.- In a state of possibility. See statute should sometimes be made.

In the matter of; with regard to.