An officer of a court, who makes proclamations. His principal duties are to announce the opening of the court and its adjournment and the fact that certain special matters are about to be transacted, to announce the admission of persons to the bar, to call the names of jurors, witnesses, and parties, to announce that a witness has been sworn, to proclaim silence when so directed, and generally to make such proclamations of a public nature as the judges order.
Rehearse the concord, or peace. A phrase used in the ancient proceedings for levying fines. It was the form of words by which the justice before whom the parties appeared directed the Serjeant or countor in attendance to recite or read aloud the concord or agreement between the parties, as to the lands intended to be conveyed. 2 Reeve, Eng. Law, 224, 225.
An abbreviation for “criminal conversation,” of very frequent use, denoting adultery. Gibson v. Cincinnati Enquirer. 10 Fed. Cas. 311.
A crime is an act committed or omitted, in violation of a public law, either forbidding or commanding it; a breach or violation of some public right or duty due to a whole community, considered as a community. In its social aggregate capacity, as distinguished from a civil injury. Wilkins v. U. S
a non-profit financial corporation that is organised for the purpose of obtaining credit for its members.
A person to whom a debt Is owing by another person, called the Òdebtor.Ó Mohr v. Elevator Co., 40 Minn. 343, 41 N. W. 1074; Woolverton v. Taylor Co., 43 111. App. 424; Insurance Co. v. Meeker, 37 N. J. Law, 300; Walsh v. Miller, 51 Ohio St 462, 38 N. E. 381. The foregoing is the strict legal sense of the term; but in a wider sense it means one who has a legal right to demand and recover from another a sum of money on any account whatever, and hence may include the owner of any right of action against another, whether arising on contract or for a tort, a penalty, or a forfeiture. Keith v. Hiner, 63 Ark. 244, 38 S. W. 13; Bongard v. Block, 81 111. 1S6, 25 Am. Rep. 276; Chalmers v. Sheehy, 132 Cal. 459, 64 Pac. 709, 84 Am. St Rep. 62; Pierstorff v. Jorges, 86 Wis. 128, 56 N. W 735, 39 Am. St Rep. 881. Classification. A creditor is called a Òsimple contract creditor,Ó a Òspecialty creditor,Ó a Òbond creditor,Ó or otherwise, according to the nature of the obligation giving rise to the debt. Other compound and descriptive terms.
One who has not established his debt by the recovery of a judgment or has not otherwise secured a lien on, any of the debtor’s property. U. S. v. Ingate (C. C.) 48 Fed. 254; Wolcott v. Ash- enfelter, 5 N. M. 442. 23 Pac. 7S0, 8 L. R. A. 691.
A group, formed by institutions that have a financial CLAIM on a company that has filed for BANKRUPTCY, which coordinates actions in order to maximize value in LIQUIDATION or approve the company
In English practice. A bill In equity, filed by one or more creditors, for an account of the assets of a decedent, and a legal settlement and distribution of his estate among themselves and such other creditors as may come in under the decree. In American practice. A proceeding to enforce the security of a judgment creditor against the property or interests of his debtor. This action proceeds upon the theory that the judgment is in the nature of a lien, such as may be enforced in equity. Hudson v. Wood (C. C.) 119 Ted. 775; link v. Patterson (C. C.) 21 Fed. 002; Gould v. Torrance, 19 How. Prac. (N. Y.) 560; McCartney v. Bostwick, 32 N. Y. 57. A creditors’ bill, strictly, Is a bill by which a creditor seeks to satisfy his debt out of some equitable estate of the defendant, which is not liable to levy and sale under an execution at law. But there is another sort of a creditors’ bill, very nearly allied to the former, by means of which a party seeks to remove a fraudulent conveyance out of the way of his execution. But a naked bill to set aside a fraudulent deed, which seeks no discovery of any property, chose in action, or other thing alleged to belong to the defendant, and which ought to be subjected to the payment of the judgment, is not a creditors’ bill. Newman v. Willetts, 52 111. 98.
Under the head of “creditors” are included, not alone those who have lent mon ey, but all to whom from any cause a debt is owing. Dig. 50, 16, 11.