REQUEST, contracts. A notice of a desire on the part of the person
making it, that the other party shall do something in relation to a
2. In general when a debt exists payable immediately, the law does not impose
on the creditor to make a request of payment. But when by the express terms of a
contract, a request is necessary, it must be made. And in some cases where there
is no express agreement a request is also requisite; as where A sells a horse to
B to be paid for on delivery, a demand or request to deliver must be made before
B can sustain an action; 5 T. R. 409; 1 East, 209; or, it must be shown that A
has incapacitated himself to deliver the horse because he has sold the horse to
another person. 10 East. 359; 5 B. & A. 712. On a general promise to marry,
a request must be made before action, unless the proposed defendant has married
another. 2 Dow. & Ry. 55. Vide Demand.
3. A request, like a notice, ought to be in writing and state distinctly what
is required to be done without any ambiguous terms. 1 Chit. Pr. 497, 498.
REQUEST, pleading. The statement in the plaintiff's declaration that a
demand or request has been made by the plaintiff from the defendant, to do some
act which he was bound to perform, and for which the action is brought.
2. A request is general or special. The former is called the licet saepius
requisitus, (q. v.) or "although often requested so to do;" though generally
inserted in the common breach to the money counts, it is of no avail in
pleading, and the omission of it will not vitiate the declaration. 2 Hen. Bl.
131; 1 Bos. & Pull. 59, 60; and see 1 John. Cas. 100. Whenever it is
essential to the cause of action, that the plaintiff should have requested the
defendant to perform his contract, such request must be stated in the
declaration and proved. The special request must state by whom, and the time and
place when it was made, in order that the court may judge of its sufficiency. 1
Str. 89. , Vide Com. Dig. Pleader, C 69, 70; 1 Saund. 33; 2 Ventr. 75; 3 Bos.
& Pull. 438; 3 John. R. 207; 1 John. Cas. 319; 10 Mass. R. 230; 3 Day's R.
327; and the articles Demand; Licet saepius requisitus.
REQUEST NOTES, Engl. law. Certain notes or requests from persons
amenable to the excise laws, to obtain a permit for removing any excisable goods
or articles from one place to another.
REQUISITION. The act of demanding a thing to be done by virtue of some
right. 2. The constitution of the United States, art. 4, s. 2, provides that
fugitives from justice shall be delivered up to the authorities of the state
from which they are fugitives, on the demand of the executive from such state.
The demand made by the governor of one state on the governor of another for a
fugitive is called a requisition.
RES, property. Things. The terms "Res," "Bona," "Biens," used by
jurists who have written in the Latin and French languages, are intended to
include movable or personal, as well as immovable or real property. 1 Burge,
Confl. of Laws, 19. See Biens; Bona; Things.
RES GESTA, evidence. The subject matter; thing done.
2. When it is necessary in the course of a cause to inquire into the nature
of a particular act, or the intention of the person who did the act, proof of
what the person said at the time of doing it, is admissible evidence, as part of
the res gesta, for the purpose of showing its true character. On an indictment
for a rape, for example, what the girl said so recently after the fact as to
exclude the possibility of practising on her, has been held to be admissible
evidence, as a part of the transaction. East, P. C. 414; 2 Stark. Cas. 241; 1
Stark. Ev. 47; 1 Phil. Ev. 218: Bouv. Inst. Index, h. t.
RES INTEGRA. An entire thing; an entirely new or untouched matter.
This term is applied to those points of law which have not been decided, which
are "untouched by dictum or decision." 3 Meriv. R. 269; 1 Burge on the Confl. of
RES INTER ALIOS ACTA, evidence. This is a technical phrase which
signifies acts of others, or transactions between others.
2. Neither the declarations nor any other acts of those who are mere
stran-gers, or, as it is usually termed, any res inter alios ada, are admissible
in evidence against any one when the party against whom such acts are offered in
evidence, was privy to the act, the objection ceases; it is no longer res inter
alios. 1 Stark Ev. 52; 3 Id 1300.
RES TUDIC ATA, practice. The decision of a legal or equitable issue,
by a court of competent jurisdiction.
2. It is a general principle that such decision is binding and conclusive
upon all other courts of concurrent power. This principle pervades not only our
own, but all other systems of jurisprudence, and has become a rule of universal
law, founded on the soundest policy. If, therefore, Paul sue Peter to recover
the amount due to him upon a bond and on the trial the plaintiff fails to prove
the due execution of the bond by Peter, in consequence of which a verdict is
rendered for the defendant, and judgment is entered thereupon, this judgment,
till reversed on error, is conclusive upon the parties, and Paul cannot recover
in a subsequent suit, although he may then be able to prove the due execution of
the bond by Peter, and that the money is due to him, for, to use the language of
the civilians, res judicata facit ex albo nigrum, ex nigro album, ex curvo
redum, ex recto curvum.
3. The constitution of the United States and the amendments to it declare,
that no fact, once tried by a jury, shall be otherwise reexaminable in any court
of the United States than according to the rules of the common law. 3 Pet. 433;
Dig. 44, 2; and Voet, Ibid; Kaime's Equity, vol. 2, p. 367; 1 Johns. Ch. R. 95;
2 M. R. 142; 3 M. R. 623; 4 M. R. 313, 456, 481; 5 M. R. 282, 465; 9 M. R. 38;
11 M. R. 607; 6 N. S. 292; 5 N. S. 664; 1 L. R. 318; 8 L. R. 187; 11 L. R. 517.
Toullier, Droit Civil Francais, vol. 10, No. 65 to 259.
4. But in order to make a matter res judicata there must be a concurrence of
the four conditions following, namely: 1. Identity in the thing sued for. 2.
Identity of the cause of action; if, for example, I have claimed a right of way
over Blackacre, and a final judgment has been rendered against me, and
afterwards I purchase Blackacre, this first decision shall not be a bar to my
recovery, when I sue as owner of the land, and not for an easement over it,
which I claimed as a right appurtenant to My land Whiteacre. 3. Identity of
persons and of parties to the action; this rule is a necessary consequence of
the rule of natural justice: ne inauditus condemnetur. 4. Identity of the
quality in the persons for or against whom the claim is made; for example, an
action by Peter to recover a horse, and a final judgment against him, is no bar
to an action by Peter, administrator of Paul, to recover the same horse. Vide,
RES MANCIPI, Rom. civ. law. Those things which might be sold and
alienated, or the property of them transferred from one person to another. The
division of things in to res mancipi and res nec mancipi, was one of ancient
origin, and it continued to a late period in the empire. Res mancipi (Ulph.
Frag. xix.) are praedia in italico solo, both rustic and urban also, jura
rusticorum praediorum or servitutes, as via, iter, aquaeductus; also slaves, and
four-footed animals, as oxen, horses, &c., qum collo dorsove domantur.
Smith, Diet. Gr. and Rom. Antiq. To this list, may be added children of Roman
parents, who were, according to the old law, res mancipi. The distinction
between res mancipi and nec mancipi was abolished by Justinian in his code. Id.;
Coop. Ins. 442.
RES NOVA. Something new; something not before decided.
RES NULLIUS. A thing which has no owner. A thing which has been
abandoned by its owner is as much res nullius as if it had never belonged to any
2. The first possessor of such a thing becomes the owner, res nullius fit
primi occupantis. Bowy. Com. 97.
RES PERIT DOMINO The thing is lost to the owner. This phrase is used
to express that when a thing is lost or destroyed, it is lost to the person who
was the owner of it at the time. For example, an article is sold; if the seller
have perfected the title of the buyer so that it is his, and it be destroyed, it
is the buyer's loss; but if, on the contrary, something remains to be done
before the title becomes vested in the buyer, then the loss falls on the seller.
RES UNIVERSATIS. Those things which belong to cities or municipal
corporations are so called; they belong so far to the public that they cannot be
appropriated to private use; such as public squares, market houses, streets, and
the like. 1 Bouv. Inst. n. 446.
RESALE. A second sale made of an article; as, for example, if A sell a
horse to B, and the latter not having paid, for him, refuse to take him away,
when by his contract he was bound to do so, and then A sells the horse to C.
2. The effect of a resale, is not always to annul the first sale, because, as
in this case, B would be liable to A for the difference of the price between the
sale and resale. 4 Bing. 722; Blackb. on Sales, 336; 4 M. & G. 898.
RESCEIT. The act of receiving or admitting a third person to plead his
right in a cause commenced by two; as when an action is brought against a tenant
for life or term of years, the reversioner is allowed to defend. Cowell.
RESCEIT or RECEIT. The admission or receiving of a third person to
plead his right in a cause formerly commenced between two other persons; as,
when an action is brought against a tenant for life or years, or any other
particular tenant, and he makes default, in such case the reversioner may move
that he may be received to defend his right, and to plead with the demandant.
Jacob, L. D. h. t. Resceit is also applied to the admittance of a plea, when the
controversy is betweeen the same two persons. Co. Litt. 192; 3 Nels. Ab.
RESCISSION OF A CONTRACT. The destruction or annulling of a
2. The right to rescind a contract seems to suppose not that the contract has
existed only in appearance; but that it has never had a real existence on
account of the defects which accompanied it; or which prevented its actual
execution. 7 Toul. n. 551 17 Id. n. 114.
3. A contract cannot, in general, be rescinded by one party unless both
parties can be placed in the same situation, and can stand upon the same terms
as existed when the contract was made. 5 East, 449; 15 Mass. 819; 5 Binn. 355; 3
Yeates, 6. The most obvious instance of this rule is, where one party by taking
possession, &c., has received a partial benefit from the contract. Hunt v.
Silk. 5 East, 449.
4. A contract cannot be rescinded in part. It would be unjust to destroy a
contract in toto, when one of the parties has derived a partial benefit, by a
performance of the agreement. In such case it seems to have been the practice
formerly to allow the vendor to recover the stipulated price, and the vendee to
recover, by a cross-action, damages for the breach of the contract. 7 East, 480,
in the note. But according to the later and more convenient practice, the
vendee, in such case, is allowed in an action for the price, to give evidence of
the inferiority of the goods in reduction of damages, and the plaintiff who has
broken his contract is not entitled to recover more than the value of the
benefit the defendant has actually derived from the goods or labor; and when the
latter has derived no benefit, the plaintiff cannot recover at all. Stark. on
Evidence, part 4, tit. Goods sold and delivered; Chitty on Contr. 276.
5. A sale of land, by making a deed for the same, and receiving security for
the purchase money, may be rescinded before the deed has been recorded, by the
purchaser surrendering the property and, the deed to the buyer, and receiving
from him the securities he had given; in Pennsylvania, these acts revest the
title in the original owner. 4 Watts, 196, 199. But this appears contrary to the
current of decisions in other states and in England. 4 Wend. 474; 2 John. 86; 5
Conn. 262; 4 Conn. 350; 4 N. H. Rep. 191; 9 Pick. 105; 2 H. Bl. 263, 264; Pre.
in- Chan. 235; 6 East, 86; 4 B. & A. 672. See 7 East, 484; 1 Mass. R. 101 14
Mass. 282; Whart on's Dig. 119, 120 10 East, 564; 1 Campb. 78, 190; 3 Campb.
451; 3 Starkie, 32; 1 Stark. R. 108; 2 Taunt. 2; 2 New Rep. 136; 6 Moore, 114; 3
Chit. Com. L. 153; 1 Saund. 320, b. note; l Mason, 437; 1 Chip. R. 159; 2 Stark.
Ev. 97, 280 8 lb. 1614, 1645 3 New Hamp. R. 455; 2 South, R. 780 Day's note to
Templer v. McLachlan, 2 N. R. 141; 1 Mason, 93; 20 Johns. 196; 5 Com. Dig. 631,
636; and Com. Dig. Action upon the case upon Assumpsit, A 1, note x, .p. 829,
for a very full note; Com. Dig. Biens, D 3, n. s.
6. As to the cases where a contract will be rescinded in equity on the ground
of mistake, see Newl. Cont. 432; or where heirs are dealing with, their
expectancies, lbid. 435; sailors with their prize money, Ibid. 443; children
dealing with their parents, Ibid. 445; guardians with their wards, Ibid. 448;
attorney with his client, Ibid. 453; cestui que trust, with trustee, Ibid. 459;
where contracts are rescinded on account of the turpitude of their
consideration, Ibid. 469; in fraud of marital rights, Ibid. 424 in fraud of
marriage agreement, Ibid. 417 on account of imposition, Ibid. 351; in fraud of
creditors, lb. 369; in fraud of purchasers, Ib. 391; in fraud of a deed of
composition by creditors, lb. 409.
RESCOUS, crim. law, torts. This word is used synonymously with rescue,
(q. v.) and denotes the illegal taking away and setting at liberty a distress
taken, or a person arrested by due process of law. Co. Litt. 160.
2. In civil cases when a defendant is rescued the officer will or will not be
liable, as the process under which the arrest is made, is or is not final. When
the sheriff executes a fi. fa. or ca. sa. he may take the posse comitatus; Show.
180; and, neglecting to do so, he is responsible; but on mesne or original
process, if the defendant rescue himself, vi et armis, the sheriff is not
answerable. 1 Holt's R. 537; 3 Engl. Com. Law Rep. 179, S. C. Vide Com. Dig. h.
t.; Yelv. 51; 2 T. R. 156; Woodf. T. 521 Bac. Ab. Rescue, D; Doct. Pl. 433.
RESCRIPT, conv. A counterpart.
2. In the canon law, by rescripts are understood apostolical letters, which
emanate from the pope, under whatever form they may be. The answers of the pope
in writing are so called. Diet. Dr. Can. h. v. Vide Chirograph; Counterpart;
RESCRIPTION, French law. A rescription is a letter by which the maker
requests some one to pay a certain sum of money, or to account for him to a
third person for it. Poth. Du Contr. de Change, n. 225.
2. According to this definition, bills of exchange are a species of
rescription. The difference appears to be this, that a bill of exchange is given
when there has been a contract of exchange between the drawer and the payee;
whereas the rescription is sometimes given in payment of debt, and at other
times it is lent to the payee. Id.
RESCRIPTS, civ. law. The answers of the prince at the request of the
parties respecting some matter in dispute between them, or to magistrates in
relation to some doubtful matter submitted to him.
2. The rescript was differently denominated, according to the character of
those who sought it. They were called annotations or subnotations, when the
answer was given at the request of private citizens; letters or epistles, when
he answered the consultation of magistrates; pragmatic sanctions, when he
answered a corporation, the citizens of a province, or a municipality. Lecons
El. du Dr. Rom. §53; Code, 1, 14, 3.
RESCUE, crim. law. A forcible setting at liberty against law of a
person duly arrested. Co. Litt. 160; 1 Chitty's Cr, Law, *62; 1 Russ. on Cr.
383. The person who rescues the prisoner is called the rescuer.
2. If the rescued prisoner were arrested for felony, then the rescuer is a
felon; if for treason, a traitor; and if for a trespass, he is liable to a fine
as if he had committed the original offence. Hawk. B. 5, c. 21. If the principal
be acquitted, the rescuer may nevertheless be fined for the misdemeanor in the
obstruction and contempt of public justice. 1 Hale, 598.
3. In order to render the rescuer criminal, it is necessary he should have
knowledge that the person whom he sets at liberty has been apprehended for a
criminal offence, if he is in the custody of a private person; but if he be
under the care of a public officer, then he is to take notice of it at his
peril. 1 Hale, 606.
4. In another sense, rescue is the taking away and setting at liberty,
against law, a distress taken for rent, or services, or damage feasant. Bac. Ab.
5. For the law of the United States on this subject, vide Ing. Dig. 150.
Vide, generally, 19 Vin. Ab. 94.
RESCUE, mar. war. The retaking by a party captured of a prize made by
the enemy. There is still another kind of rescue which partake's of the nature
of a recapture; it occurs when the weaker party before he is overpowered,
obtains relief from the arrival of fresh succors, and is thus preserved from the
force of the enemy. 1 Rob. Rep. 224; 1 Rob. Rep. 271.
2. Rescue differs from recapture. (q. v.) The rescuers do not by the rescue
become owners of the property, as if it had been a new prize - but the property
is restored to the original owners by the right of postliminium. (q. v.)
RESCUSSOR. The party making a rescue, is sometimes so called, but more
properly he is a rescuer.
RESERVATION, contracts. That part of a deed or other instrument which
reserves a thing not in esse at the time of the grant, but newly created. 2
Hill. Ab. 359; 3 Pick. R. 272; It differs from an exception. (q. v.) See 4 Verm.
622; Brayt. R. 230; 9 John. R. 73; 20 John, R. 87; 3 Ridg. P. C. 402; Co. Litt.
43 a; 2 Tho Co. Litt. 412
RESET OF THEFT, Scotch law. The receiving and keeping of stolen goods
knowing them to be stolen, with a design of feloniously retaining them from the
real owner. Alis. Pr. Cr. 328.
RESETTER, Scotch law. A receiver of stolen goods, knowing them to have
RESIANCE. A man's residence or permanent abode. Such a man is called a
resiant. Kitch. 33.