REMANET

6 definitions found across Law Mind sources

← Dictionary
REMANETAuthored
The Law Mind • 728 words
Definition
A remanet is a cause or case that has been postponed and carried over from one term of court to another, or from one sitting to another, because it could not be reached or tried within the original term. When a court defers the trial of a cause to a later term, the cause is said to be "made a remanet." The word derives from the Latin for "it remains," reflecting its procedural function as a formal designation for unfinished business of the court. The plural is remanets. ---
Common Language
Modern common usage (Wiktionary): A bill that has been postponed or deferred to another session. Historical common usage (Webster's 1913): A case for trial which cannot be tried during the term; a postponed case. [Eng.] The common usage tracked the legal meaning closely, though Wiktionary's reference to a "bill" rather than a "cause" or "case" reflects some drift toward legislative rather than judicial contexts. The core legal sense — formal postponement to a later sitting — is the same across all sources. ---
Why It Matters in Research
Remanet is almost exclusively a term of historical English practice and will appear in older English and American common law sources, particularly in procedural treatises and records from the era of fixed court terms. Researchers working with pre-twentieth century English court records, plea rolls, or American materials from the period when courts sat in discrete terms (rather than in continuous session) will encounter it. The critical navigational point: the term's practical relevance collapsed when continuous court sessions replaced the fixed-term system. In modern American and English practice, the concept of a case being deferred to a new "term" has largely no equivalent procedural status — cases are simply rescheduled or placed on a continuance calendar. A researcher encountering the term in historical records should understand it as a formal procedural designation with specific effects under the old term system, not merely an informal delay. Researchers should also note the distinction between a remanet and a continuance. A continuance could occur within a term; a remanet specifically involved carrying a cause over to a new term, which under the term system could affect rights, costs, and the sequence of business when the case came back before the court. The Archbold Practice reference (1 Archb. Pr. 375) cited consistently across Black's editions is the key primary source for understanding the mechanics of remanets in English practice. ---
Historical Dictionary Support
The historical dictionaries are in close agreement. Black's (both editions), Anderson, and Burrill all converge on the same core meaning: a cause deferred from one term to another. Burrill adds the most procedural texture, noting that a cause is said to be "made a remanet" upon postponement and pointing to Tidd's Practice as authority. Anderson's plain-English formulation — "a cause held over from a former term of court; a continued or postponed case" — is the most accessible. The Rapalje & Lawrence entry in the source material appears to be a misfiled excerpt relating to contingent remainders, not remanets. This is likely a source-compilation error and should be disregarded for this term. Webster's 1913 marks the entry as specifically English, which accurately reflects where the term had active procedural life. No historical source suggests the term acquired significant independent development in American jurisdictions; it appears in American materials largely as a borrowing from English practice. ---
Jurisdictional Note
Remanet is a term of English common law practice. It appears in American legal materials primarily through adoption of English procedural forms, and its currency in American courts diminished as fixed term systems gave way to continuous court calendars during the nineteenth and twentieth centuries. Researchers should not expect to find the term in modern American procedural rules or statutes. ---
Related Terms
Continuance — the modern procedural equivalent; deferral of a proceeding within or across sessions Term of court — the fixed sitting period within which remanets arose Postea — another Latin procedural term from the same era of English common law practice Nisi prius — the trial court context in which remanets most commonly arose Calendar call — modern administrative mechanism that replaced formal term management
REMANETmain
Black's Law Dictionary • 1891
A remnant; that which remains. Thus the causes of which the trial is deferred from one term to another, or from one sitting to another, are termed "rema- nets." 1 Archb. Pr. 375.
REMANETmain
Black's Law Dictionary (2nd Ed.) • 1910
A remnant; that which remains. Thus the causes of which the trial is deferred from one term to another, or from one sitting to another, are termed “remanets.” 1 Archb. Pr. 375.
REMANETmain
Rapalje & Lawrence • 1883
(1095) 26. Contingent remainders are subject to that one takes everything, (Elph. Conv. a rule resembling that against perpetuities, 340. As to cross-remainders in wills, see for an estate cannot be given to an unborn Wats. Comp. Eq. 1316 et seq.,) and the person for life, followed by any estate to any child of such unborn person; in such a case the estate given to the child of the unborn person is void. Wms. Real Prop. 276. See PERPETUITY. 27. Vested in interest, contingent as to amount.-A remainder may be vested in interest and contingent as to the property comprised in it. Thus, if land is limited to A. for life, remainder to the children of B. in common in fee, each child of B. on his birth in A.'s lifetime takes a vested remainder in an undivided share, the amount of which is contingent on the number of children of B. who may be born in A.'s lifetime. If the remainder is to the children of B. now or hereafter to be born, whether in the lifetime of A. or not, the time for ascertaining the persons to take, according to the English law, will also be the death of A., unless the remainder is limited by an instrument executed after the passing of the Contingent Remainders Act, 1877, (2d of August,) in which case the time will be the death of B., which would also be the time in American law. remainderman or reversioner in fee takes nothing unless and until they all die without issue. REMAINDER, (defined). 6 Mod. 112. 466. (in revised statutes). 5 Paige (N. Y.) (in a will). 18 Pick. (Mass.) 295, 298; 3 Harr. (N. J.) 28; 1 P. Wms. 603, 605; 1 Dyer 46b; 3 Ch. D. 703. REMAINDER AND RESIDUE, (in a will). 4 Wash. (U. S.) 645; Cowp. 299. REMAINDER AND REVERSION, (in a will). 8 Com. Dig. 443. REMAINDER, CONTINGENT, (when created). 8 Conn. 348. REMAINDER OF MY ESTATE, (in a will). 2 Pick. (Mass.) 463. REMAINDER OF MY PROPERTY, (in a will). 3 Pick. (Mass.) 374; 5 Bos. & P. 214, 221. REMAINDER OF THE PROFITS, (devise of). 4 T. R. 89.
REMANETn.
Websters Unabridged Dictionary (1913) • 1913
A case for trial which can not be tried during the term; a postponed case. [Eng.]
remanetnoun
Wiktionary (English) • 2026
Wiktionary contributors • CC BY-SA 4.0 • via Kaikki
Extracted and formatted for display by Law Mind. Source link opens the current Wiktionary page and its contributor history; it is not a frozen copy of this extract.
A bill that has been postponed or deferred to another session.

Explore the full Law Mind legal research platform.

SubscribeEncyclopediaSign In
The Law Mind Legal Dictionary. This is a legal research library, not a lawyer.
Dictionary • Encyclopedia • Sign In