Webster's Unabridged Dictionary - Letter E - Page 58
Every (a. & a. pron.) Every one. Cf. Each. [Obs.] "Every of your wishes." -- Shak.
Daily occasions given to every of us. -- Hooker.
Every each, every one. [Obs.] "Every each of them hath some vices." -- Burton.
Every now and then, At short intervals; occasionally; repeatedly; frequently. [Colloq.]
Note: Every may, by way of emphasis, precede the article the with a superlative adjective; as, every, the least variation. -- Locke.
Syn: Every, Each, Any.
Usage: Any denotes one, or some, taken indifferently from the individuals which compose a class. Every differs from each in giving less prominence to the selection of the individual. Each relates to two or more individuals of a class. It refers definitely to every one of them, denoting that they are considered separately, one by one, all being included; as, each soldier was receiving a dollar per day. Every relates to more than two and brings into greater prominence the notion that not one of all considered is excepted; as, every soldier was on service, except the cavalry, that is, all the soldiers, etc.
In each division there were four pentecosties, in every pentecosty four enomoties, and of each enomoty there fought in the front rank four [soldiers]. -- Jowett (Thucyd. ).
If society is to be kept together and the children of Adam to be saved from setting up each for himself with every one else his foe. -- J. H. Newman.
Every (a.) (Used of count nouns) Each and all of the members of a group considered singly and without exception; "every person is mortal"; "every party is welcome"; "had every hope of success"; "every chance of winning".
Every (a.) Each and all of a series of entities or intervals as specified; "every third seat"; "every two hours".
Everybody (n.) 每個人，人人，各人 Every person.
Everyday (a.) [B] 每天的，日常的；平日的，平常的 Used or fit for every day; common; usual; as, an everyday suit or clothes.
The mechanical drudgery of his everyday employment. -- Sir. J. Herchel.
Everyday (a.) Found in the ordinary course of events; "a placid everyday scene"; "it was a routine day"; "there's nothing quite like a real...train conductor to add color to a quotidian commute"- Anita Diamant [syn: everyday, mundane, quotidian, routine, unremarkable, workaday].
Everyday (a.) Appropriate for ordinary or routine occasions; "casual clothes"; "everyday clothes" [syn: casual, everyday, daily].
Everyday (a.) Commonplace and ordinary; "the familiar everyday world".
Everyone (n.) 每人，人人 Everybody; -- commonly separated, every one.
Everything (n.) 每件事，事事，一切事物；（僅用於補語中）最重要的東西 [（+to）] Whatever pertains to the subject under consideration; all things.
More wise, more learned, more just, more everything. -- Pope.
Everywhen (adv.) 經常地 At any or all times; every instant. [R.] "Eternal law is silently present everywhere and everywhen." -- Carlyle.
Everywhere (adv.) 到處，處處；無論何處；完完全全，徹頭徹尾 In every place; in all places; hence, in every part; throughly; altogether.
Everywhere (adv.) To or in any or all places; "You find fast food stores everywhere"; "people everywhere are becoming aware of the problem"; "he carried a gun everywhere he went"; "looked all over for a suitable gift"; (`everyplace' is used informally for `everywhere') [syn: everywhere, everyplace, all over].
Everywhere (adv.) In or to every place or part.
// Everywhere we went, people were friendly.
// Her new album is anxiously awaited by fans everywhere.
Everywhere (n.) 每個地方，所有地方，四面八方 [S]；無限空間 [the S] Every place: all places.
// The fair draws people from everywhere.
Everywhereness (n.) Ubiquity; omnipresence. [R.] -- Grew.
Evesdrop (v. i.) See Eavesdrop.
Evesdropper (n.) See Eavesdropper.
Evestigate (v. t.) To investigate. [Obs.] -- Bailey.
Evet (n.) (Zool.) The common
newt or eft. In
Evibrate (v. t. & i.) To vibrate. [Obs.] -- Cockeram.
Evicted (imp. & p. p.) of Evict.
Evicting (p. pr. & vb. n.) of Evict.
Evict (v. t.) (Law) To dispossess by a judicial process; to dispossess by paramount right or claim of such right; to eject; to oust.
The law of England would speedily evict them out of their possession. -- Sir. J. Davies.
Evict (v. t.) To evince; to prove. [Obs.] -- Cheyne.
Evict (v.) Expel or eject without recourse to legal process; "The landlord wanted to evict the tenants so he banged on the pipes every morning at 3 a.m.".
Evict (v.) Expel from one's property or force to move out by a legal process; "The landlord evicted the tenants after they had not paid the rent for four months" [syn: evict, force out].
Eviction (n.) The act or process of evicting; or state of being evicted; the recovery of lands, tenements, etc., from another's possession by due course of law; dispossession by paramount title or claim of such title; ejectment; ouster.
Eviction (n.) Conclusive evidence; proof. [Obs.]
Full eviction of this fatal truth. -- South.
Eviction (n.) Action by a landlord that compels a tenant to leave the premises (as by rendering the premises unfit for occupancy); no physical expulsion or legal process is involved [syn: eviction, constructive eviction].
Eviction (n.) The expulsion of someone (such as a tenant) from the possession of land by process of law [syn: eviction, dispossession, legal ouster].
Eviction. () The loss or deprivation which the possessor of a thing suffers, either in whole or in part, of his right of property in such a thing, in consequence of the right of a third person established before a competent tribunal. 10 Rep. 128; 4 Kent, Com. 475-7; 3 Id. 464-5.
Eviction. () The eviction may be total or partial. It is total, when the possessor is wholly deprived of his rights in the whole thing; partial, when he is deprived of only a portion of the thing; as, if he had fifty acres of land, and a third person recovers by a better title twenty-five; or, of some right in relation to the thing. as, if a stranger should claim and establish a right to some easement over the same. When the grantee suffers a total eviction, and he has a covenant of seisin, he recovers from the seller, the consideration money, with interest and costs, and no more. The grantor has no concern with the future rise or fall of the property, nor with the improvements made by the purchaser. This seems to be the general rule in the United States. 3 Caines' R. 111; 4 John. R. 1; 13 Johns. R. 50; 4 Dall. R. 441; Cooke's Term. R. 447; 1 Harr. & Munf. 202; 5 Munf. R. 415; 4 Halst. R. 139; 2 Bibb, R. 272. In Massachusetts, the measure of damages on a covenant of warranty, is the value of the land at the time of eviction. 3 Mass. R. 523; 4 Mass. R. 108. See, as to other states, 1 Bay, R. 19, 265; 3 Des. Eq. R. 245; 2 Const. R. 584; 2 McCord's R. 413; 3 Call's R. 326.
Eviction. () When the eviction is only partial the damages to be recovered under the covenant of seisin, are a rateable part of the original price, and they are to bear the same ratio to the whole consideration, that the value of land to which the title has failed, bears to the value of the whole tract.
The contract is not rescinded, so as to entitle the vendee to the whole consideration money, but only to the amount of the relative value of the part lost. 5 Johns. R. 49; 12 Johns. R. 126; Civ. Code of Lo. 2490; 4 Kent's Com. 462. Vide 6 Bac. Ab. 44; 1 Saund. R. 204: note 2, and 322 a, note 2; 1 Bouv. Inst. n. 656.
Evidence (n.) That which makes evident or manifest; that which furnishes, or tends to furnish, proof; any mode of proof; the ground of belief or judgement; as, the evidence of our senses; evidence of the truth or falsehood of a statement.
Faith is . . . the evidence of things not seen. -- Heb. xi. 1.
O glorious trial of exceeding love Illustrious evidence, example high. -- Milton.
Evidence (n.) One who bears witness. [R.] "Infamous and perjured evidences." -- Sir W. Scott.
Evidence (n.) (Law) That which is legally submitted to competent tribunal, as a means of ascertaining the truth of any alleged matter of fact under investigation before it; means of making proof; -- the latter, strictly speaking, not being synonymous with evidence, but rather the effect of it. -- Greenleaf.
Circumstantial evidence, Conclusive evidence, etc. See under Circumstantial, Conclusive, etc.
Crown's evidence, King's evidence, or Queen's evidence, evidence for the crown, in English courts; equivalent to state's evidence in American courts. [Eng.]
State's evidence, evidence for the government or the people. [U. S. ]
To turn King's evidence To turn Queen's evidence, or To turn State's evidence, to confess a crime and give evidence against one's accomplices.
Syn: Testimony; proof. See Testimony.
Evidenced (imp. & p. p.) of Evidence.
Evidencing (p, pr. & vb. n.) of Evidence.
Evidence (v. t.) To render evident or clear; to prove; to evince; as, to evidence a fact, or the guilt of an offender. -- Milton.
Evidence (n.) Your basis for belief or disbelief; knowledge on which to base belief; "the evidence that smoking causes lung cancer is very compelling" [syn: evidence, grounds].
Evidence (n.) An indication that makes something evident; "his trembling was evidence of his fear".
Evidence (n.) (Law) All the means by which any alleged matter of fact whose truth is investigated at judicial trial is established or disproved.
Evidence (v.) Provide evidence for; stand as proof of; show by one's behavior, attitude, or external attributes; "His high fever attested to his illness"; "The buildings in Rome manifest a high level of architectural sophistication"; "This decision demonstrates his sense of fairness" [syn: attest, certify, manifest, demonstrate, evidence]
Evidence (v.) Provide evidence for; "The blood test showed that he was the father"; "Her behavior testified to her incompetence" [syn: testify, bear witness, prove, evidence, show].
Evidence (v.) Give evidence; "he was telling on all his former colleague" [syn: tell, evidence].
Evidence. () That which demonstrates, makes clear, or ascertains the truth of the very fact or point in issue; 3 Bl. Com. 367; or it is whatever is exhibited to a court or jury, whether it be by matter of record, or writing, or by the testimony of witnesses, in order to enable them to pronounce with certainty; concerning the truth of any matter in dispute; Bac. Ab. Evidence, in pr.; or it is that which is legally submitted to a jury, to enable them to decide upon the questions in dispute or issue, as pointed out by the pleadings and distinguished from all comment or argument. 1 Stark. Ev. 8.
Evidence. () Evidence may be considered with reference to, 1. The nature of the evidence. 2. The object of the evidence. 3. The instruments of evidence. 4. The effect of evidence. 1. As to its nature, evidence may be considered with reference to its being 1. Primary evidence. 2. Secondary evidence. 3. Positive. 4. Presumptive. 5. Hearsay. 6. Admissions.
Evidence. () Primary evidence. The law generally requires that the best evidence the case admits of should be given; B. N. P. 293; 1 Stark. Ev. 102, 390; for example, when a written contract has been entered into, and the object is to prove what it was, it is requisite to produce the original writing if it is to be attained, and in that case no copy or other inferior evidence will be received.
Evidence. () To this general rule there are several exceptions. 1. As it refers to the quality rather than to the quantity of evidence, it is evident that the fullest proof that every case admits of, is not requisite; if, therefore, there are several eye-witnesses to a fact, it may be sufficiently proved by one only.
Evidence. () It is not always requisite, when the matter to be proved has been reduced to writing, that the writing should be produced; as, if the narrative of a fact to be proved has been committed to writing, it may yet be proved by parol evidence. A receipt for the payment of money, for example, will not exclude parol evidence of payment. 14 Esp. R. 213; and see 7 B. & C. 611; S. C. 14 E. C. L. R. 101; 1 Campb. R. 439; 3 B. & A. 566; 6 E. C. L. R. 377.
Evidence. () Secondary evidence. That species of proof which is admissible on the loss of primary evidence, and which becomes by that event the best evidence. 3 Yeates, Rep. 530.
Evidence. () It is a rule that the best evidence, or that proof which most certainly exhibits the true state of facts to which it relates, shall be required, and the law rejects secondary or inferior evidence, when it is attempted to be substituted for evidence of a higher or superior nature. This is a rule of policy, grounded upon a reasonable suspicion, that the substitution of inferior for better evidence arises from sinister motives; and an apprehension that the best evidence, if produced, would alter the case to the prejudice of the party. This rule relates not to the measure and quantity of evidence, but to its quality when compared with some other evidence of superior degree. It is not necessary in point of law, to give the fullest proof that every case may admit of. If, for example, there be several eye witnesses to a fact, it may be proved by the testimony of one only.
Evidence. () When primary evidence cannot be had, then secondary evidence will be admitted, because then it is the best. But before such evidence can be allowed, it must be clearly made to appear that the superior evidence is not to be had. The person who possesses it must be applied to, whether he be a stranger or the opposite party; in the case of a stranger, a subpoena and attachment, when proper, must be taken out and served; and, in the case of a party, notice to produce such primary evidence must be proved before the secondary evidence will be admitted. 7 Serg. & Rawle, 116; 6 Binn. 228; 4 Binn. R. 295, note; 6 Binn. R. 478; 7 East, R. 66; 8 East, R. 278 3 B. & A. 296; S. C. 5 E. C. L. R. 291.
Evidence. () After proof of the due execution of the original, the contents should be proved by a counterpart, if there be one, for this is the next best evidence; and it seems that no evidence of a mere copy is admissible until proof has been given that the counterpart cannot be produced. 6 T. R. 236. If there be no counterpart, a copy may be proved in evidence. by any witness who knows that it is a copy, from having compared it with the original. Bull. N. P. 254; 1 Keb. 117; 6 Binn. R. 234; 2 Taunt. R. 52; 1 Campb. R. 469 8 Mass. R. 273. If there be no copy, the party may produce an abstract, or even give parol evidence of the contents of a deed. 10 Mod. 8; 6 T. R. 556.
Evidence. () But it has been decided that there are no degrees in secondary evidence: and when a party has laid the foundation for such evidence, he may prove the contents of a deed by parol, although it appear that an attested copy is in existence. 6 C. & P. 206; 8 Id. 389.
Evidence. () Positive or direct evidence is that which, if believed, establishes the truth of a fact in issue, and does not arise from any presumption. Evidence is direct and positive, when the very facts in dispute are communicated by those who have the actual knowledge of them by means of their senses. 1 Phil. Ev. 116 1 Stark. 19. In one sense, there is but little direct or positive proof, or such proof as is acquired by means of one's own sense, all other evidence is presumptive but, in common acceptation, direct and positive evidence is that which is communicated by one who has actual knowledge of the fact.
Evidence. () Presumptive evidence is that which is not direct, but where, on the contrary, a fact which is not positively known, is presumed or inferred from one or more other facts or circumstances which are known. Vide article Presumption, and Rosc. Civ. Ev. 13; 1 Stark. Ev. 18.
Evidence. () Hearsay, is the evidence of those who relate, not what they know themselves, but what they have heard from others.
Evidence. () Such mere recitals or assertions cannot be received in evidence, for many reasons, but principally for the following: first, that the party making such declarations is not on oath and, secondly, because the party against whom it operates, has no opportunity of cross-examination. 1 Phil. Ev. 185. See, for other reasons, 1 Stark. Ev. pt. 1, p. 44. The general rule excluding hearsay evidence, does not apply to those declarations to which the party is privy, or to admissions which he himself has made. See Admissions.
Evidence. () Many facts, from their very nature, either absolutely, or usually exclude direct evidence to prove them, being such as are either necessarily or usually, imperceptible by the senses, and therefore incapable of the ordinary means of proof. These are questions of pedigree or relationship, character, prescription, custom, boundary, and the like; as also questions which depend upon the exercise of particular skill and judgment. Such facts, some from their nature, and others from their antiquity, do not admit of the ordinary and direct means of proof by living witnesses; and, consequently, resort must be had to the best means of proof which the nature of the cases afford. See Boundary; Custom; Opinion; Pedigree; Prescription.
Evidence. () Admissions are the declarations which a party by himself, or those who act under his authority, make of the existence of certain facts. Vide Admissions.
Evidence. () The object of evidence is next to be considered. It is to ascertain the truth between the parties. It has been discovered by experience that this is done most certainly by the adoption of the following rules, which are now binding as law: 1. The evidence must be confined to the point in issue. 2. The substance of the issue must be proved, but only the substance is required to be proved. 3. The affirmative of the issue must be proved.
Evidence. () It is a general rule, both in civil and criminal cases, that the evidence shall be confined to the point in issue. Justice and convenience require the observance of this rule, particularly in criminal cases, for when a prisoner is charged with an offence, it is of the utmost importance to him that the facts laid before the jury should consist exclusively of the transaction, which forms the subject of the indictment, and, which alone he has come prepared to answer. 2 Russ. on Cr. 694; 1 Phil. Ev. 166.
Evidence. () To this general rule, there are several exceptions, and a variety of cases which do not fall within the rule. 1. In general, evidence of collateral facts is not admissible; but when such a fact is material to the issue joined between the parties, it may be given in evidence; as, for example, in order to prove that the acceptor of a bill knew the payee to be a fictitious person; or that the drawer had general authority from him to fill up bills with the name of a fictitious payee, evidence may be given to show that he had accepted similar bills before they could, from their date, have arrived from the place of date. 2 H. Bl. 288.
Evidence. () When special damage sustained by the plaintiff is not stated in the declaration, it is Dot one of the points in issue, and therefore, evidence of it cannot be received; yet a damage which is the necessary result of the defendant's breach of contract, may be proved, notwithstanding it is not in the declaration. 11 Price's Reports, 19.
Evidence. () In general, evidence of the character of either party to a suit is inadmissible, yet in some cases such evidence may be given. Vide article Character.
Evidence. () When evidence incidentally applies to another person or thing not included in the transaction in question, and with regard to whom or to which it is inadmissible; yet if it bear upon the point in issue, it will be received. 8 Bingh. Rep. 376; S. C. 21 Eng. C. L. R. 325 and see 1 Phil. Ev. 158; 2 East, P. C. 1035; 2 Leach, 985; S. C. 1 New Rep. 92; Russ. & Ry. C. C. 376; 2 Yeates, 114; 9 Conn. Rep. 47.
Evidence. () The acts of others, as in the case of conspirators, may be given in evidence against the prisoner, when referable to the issue; but confessions made by one of several conspirators after the offence has been completed, and when the conspirators no longer act in concert) cannot be received. Vide article Confession, and 10 Pick. 497; 2 Pet. Rep. 364; 2 Brec. R. 269; 3 Serg. & Rawle, 9; 1 Rawle, 362, 458; 2 Leigh's R. 745; 2 Day's Cas. 205; 3 Serg. & Rawle, 220; 3 Pick. 33; 4 Cranch, 75; 2 B. & A. 573-4 S. C. 5. E. C. L. R. 381.
Evidence. () In criminal cases, when the offence is a cumulative one, consisting itself in the commission of a number of acts, evidence of those acts is not only admissible, but essential to support the charge. On an indictment against a defendant for a conspiracy, to cause himself, to be believed a man of large property, for the purpose of defrauding tradesmen after proof of a representation to one tradesman, evidence may therefore be given of a representation to another tradesman at a different time. 1 Campb. Rep. 399; 2 Day's Cas. 205; 1 John. R. 99; 4 Rogers' Rec. 143; 2 Johns. Cas. 193.
Evidence. () To prove the guilty knowledge of a prisoner, with regard to the transaction in question, evidence of other offences of the same kind, committed by the prisoner, though not charged in the indictment, is admissible against him. As in the case where a prisoner had passed a counterfeit dollar, evidence that he had. other counterfeit dollars in his possession is evidence to prove the guilty knowledge. 2 Const. R. 758; Id. 776; 1 Bailey, R. 300; 2 Leigh's R. 745; 1 Wheeler's Cr. Cas. 415; 3 Rogers' Rec. 148; Russ. & Ry. 132; 1 Campb. Rep. 324; 5 Randolph's R. 701.
Evidence. () The substance of the issue joined between the parties must be proved. 1 Phil. Ev. 190. Under this rule will be considered the quantity of evidence required to support particular averments in the declaration or indictment.
Evidence. () And, first, of civil cases. 1. It is a fatal variance in a contract, if it appear that a party who ought to have been joined as plaintiff has been omitted. 1 Saund. 291 b, n.; 2 T. R. 282. But it is no variance to omit a person who might have been joined as defendant, because the non-joinder ought to have been pleaded in abatement. 1 Saund. 291 d, n. 2. The consideration of the contract must be proved but it is not necessary for the plaintiff to set out in his declaration, or prove on the trial, the several parts of a contract consisting of distinct and collateral provisions; it is sufficient to state so much of the contract as contains the entire consideration of the act, and the entire act to be done in virtue of such consideration, including the time, manner, and other circumstances of its performance. 6 East, R. 568; 4 B. & A. 387; 6 E. C. L. R. 455.
Evidence. () -Secondly. In criminal cases, it may be laid down, 1. That it is, in general, sufficient to prove what constitutes an offence. It is enough to prove so much of the indictment as shows that the defendant has committed a substantive crime therein specified. 2 Campb. R. 585; 1 Harr. & John. 427. If a man be indicted for robbery, he may be found guilty of larceny, and not guilty of the robbery. 2 Hale, P. C. 302. The offence of which the party is convicted, must, however, be of the same class with that of which he is charged. 1 i Leach, 14; 2 Stra. 1133.
Evidence. () When the intent of the prisoner furnishes one of the ingredients in the offence, and several intents are laid in the indictment, each of which, together with the act done, constitutes an offence, it is sufficient to prove one intent only. 3 Stark. R. 35; 14 E. C. L. R. 154, 163.
Evidence. () When a person or thing, necessary to be mentioned in an indictment, is described with circumstances of greater particularity than is requisite, yet those circumstances must be proved. 3 Rogers' Rec. 77; 3 Day's Cas. 283. For example, if a party be charged with stealing a black horse, the evidence must correspond with the averment, although it was unnecessary to make it. Roscoe's Cr. Ev. 77 4 Ohio, 350.
Evidence. () The name of the prosecutor, or party injured; must be proved as laid, and the rule is the same with reference to the name of a third person introduced into the indictment, as. descriptive of some person or thing.
Evidence. () The affirmative of the issue must be proved. The general rule with regard to the burthen of proving the issue, requires that the party who asserts the, affirmative should prove it. But this rule ceases to operate the moment the presumption of law is thrown into the other scale. When the issue is on the legitimacy of a child therefore, it is incumbent on the party asserting the illegitimacy to prove it. 2 Selw. N. P. 709. Vide Onus Probandi; Presum 2 Gall. R. 485 and 1 McCord, 573.
Evidence. () The consideration of the instruments of evidence will be the subject of this head. These consist of records, private writings, or witnesses.
Evidence. () Records are to be proved by an exemplification, duly authenticated, (Vide Authentication, in all cases where the issue is nul tiel record. In other cases, an examined copy, duly proved, will, in general, be evidence. Foreign laws as proved in the mode pointed out under the article Foreign laws.
Evidence. () Private writings are proved by producing the attesting witness; or in case of his death, absence, or other legal inability to testify, as if, after attesting the paper, he becomes infamous, his handwriting may be proved. When there is no witness to the instrument, it may be proved by the evidence of the handwriting of the party, by a person who has seen him write, or in a course of correspondence has become acquainted with his hand. See Comparison of handwriting, and 5 Binn. R. 349; 10 Serg. & Rawle, 110; 11 Serg. & Rawle, 333 3 W. C. C. R. 31; 11 Serg. & Rawle, 347 6 Serg. & Rawle, 12, 812; 1 Rawle, R. 223; 3 Rawle, R. 312; 1 Ashm. R. 8; 3 Penn. R. 136.
Evidence. () Books of original entry, when duly proved, are prima facie evidence of goods sold and delivered, and of work and labor done. Vide original entry.
Evidence. () Proof by witnesses. The testimony of witnesses is called parol evidence, or that which is given viva voce, as contra-distinguished from that which is written or documentary. It is a general rule, that oral evidence shall in no case be received as equivalent to, or as a substitute for, a written instrument, where the latter is required by law; or to give effect to a written instrument which is defective in any particular which by law is essential to its validity; or to contradict, alter or vary a written instrument, either appointed by law, or by the contract of the parties, to be the appropriate and authentic memorial of the particular facts it recites; for by doing so, oral testimony would be admitted to usurp the place of evidence decidedly superior in degree. 1 Serg. & Rawle, 464; Id. 27; Addis. R. 361; 2 Dall. 172; 1 Yeates, 140; 1 Binn. 616; 3 Marsh. Ken. R. 333; 4 Bibb, R. 473; 1 Bibb, R. 271; 11 Mass. R. 30; 13 Mass. R. 443; 3 Conn. 9; 20 Johns. 49; 12 Johns. R. 77; 3 Camp. 57; 1 Esp. C. 53; 1 M. & S. 21; Bunb. 175.
Evidence. () But parol evidence is admissible to defeat a written instrument, on the ground of fraud, mistake, &c., or to apply it to its proper subject matter; or, in some instances, as ancillary to such application, to explain the meaning of doubtful terms, or to rebut presumptions arising extrinsically. In these cases, the parol evidence does not usurp the place, or arrogate the authority of, written evidence, but either shows that the instrument ought not to be allowed to operate at all, or is essential in order to give to the instrument its legal effect. 1 Murph. R. 426 4 Desaus. R. 211; 1 Desaus. R. 345 1 Bay, R. 247; 1 Bibb, R. 271 11 Mass. R. 30; see 1 Pet. C. C. R. 85 1 Binn. R. 610; 3 Binn. R. 587: 3 Serg. Rawle, 340; Poth. Obl. Pl. 4, c. 2.
Evidence. () The effect of evidence. Under this head will be considered, 1st. The effect of judgments rendered in the United States, and of records lawfully made in this country; and, 2d. The effect of foreign judgments and laws.
Evidence. () As a general rule, a judgment rendered by a court of competent jurisdiction, directly upon the point in issue, is a bar between the same parties: 1 Phil. Ev. 242; and privies in blood, as an heir 3 Mod. 141; or privies in estate 1 Ld. Raym. 730; B. N. P. 232; stand in the same situation. as those they represent; the verdict and judgment may be used for or against them, and is conclusive. Vide Res Judicata.
Evidence. () The Constitution of the United States, art. 4, s. 1, declares, that "Full faith and credit shall be given, in each state, to the public acts, records, and judicial proceedings of every other state. And congress may, by general laws, prescribe the manner in which Such acts, records and proceedings, shall be proved, and the effect thereof." Vide article Authentication and 7 Cranch, 481; 3 Wheat. R. 234 10 Wheat. R. 469; 17 Mass. R. 546; 9 Cranch, 192; 2 Yeates, 532; 7 Cranch, 408; 3 Bibb's R. 369; 5 Day's R. 563; 2 Marsh. Kty. R. 293.
Evidence. () As to the effect of foreign laws, see article Foreign Laws. For the force and effect of foreign judgments, see article Foreign Judgments. Vide, generally, the Treatises on Evidence, of Gilbert, Phillips, Starkie, Roscoe, Swift, Bentham, Macnally, Peake, Greenleaf, and Bouv. Inst. Index, h.t.; the various Digests, h.t.
EVIDENCE, CIRCUMSTANTIAL. () The proof of facts which usually attend other facts sought to be, proved; that which is not direct evidence. For example, when a witness testifies that a man was stabbed with a knife, and that a piece of the blade was found in the wound, and it is found to fit exactly with another part of the blade found in the possession of the prisoner; the facts are directly attested, but they only prove circumstances, and hence this is called circumstantial evidence.
EVIDENCE, CIRCUMSTANTIAL. () Circumstantial evidence is of two kinds, namely, certain and uncertain. It is certain when the conclusion in question necessarily follows as, where a man had received a mortal wound, and it was found that the impression of a bloody left hand had been made on the left arm of the deceased, it was certain some other person than the deceased must have made such mark. 14 How. St. Tr. 1324. But it is uncertain whether the death was caused by suicide or by murder, and whether the mark of the bloody hand was made by the assassin, or by a friendly hand that came too late to the relief of the deceased. Id. Vide Circumstances.
EVIDENCE, EXTRINSIC. () External evidence, or that which is not contained in the body of an agreement, contract, and the like.
EVIDENCE, EXTRINSIC. () It is a general rule that extrinsic evidence cannot be admitted to contradict, explain, vary or change the terms of a contract or of a will, except in a latent ambiguity, or to rebut a resulting trust. 14 John. 1; 1 Day, R. 8; 6 Conn. 270.
EVIDENCE, CONCLUSIVE. () That which, while uncontradicted, satisfies the judge and jury it is also that which cannot be contradicted.
EVIDENCE, CONCLUSIVE. () The record of a court of common law jurisdiction is conclusive as to the facts therein stated. 2 Wash. 64; 2 H. 55; 6 Conn. 508, But the judgment and record of a prize court is not conclusive evidence in the state courts, unless it had jurisdiction of the subject-matter; and whether it had or not, the state courts may decide. 1 Conn. 429. See as to the conclusiveness of the judgments of foreign courts of admiralty, 4 Cranch, 421, 434; 3 Cranch, 458; Gilmer, 16 Const. R. 381 1 N. & M. 5 3 7.
EVIDENCE, DIRECT. ()That which applies immediately to the fadum probandum, without any intervening process; as, if A testifies he saw B inflict a mortal wound on C, of which he, instantly died. 1 Greenl. Ev. Sec. 13.
Evidencer (n.) One who gives evidence.
Evident (a.) Clear to the vision; especially, clear to the understanding, and satisfactory to the judgment; as, the figure or color of a body is evident to the senses; the guilt of an offender can not always be made evident.
Your honor and your goodness is so evident. -- Shak.
And in our faces evident the signs Of foul concupiscence. -- Milton.
Syn: Manifest; plain; clear; obvious; visible; apparent; conclusive; indubitable; palpable; notorious. See Manifest.
Evident (a.) Clearly revealed to the mind or the senses or judgment; "the effects of the drought are apparent to anyone who sees the parched fields"; "evident hostility"; "manifest disapproval"; "patent advantages"; "made his meaning plain"; "it is plain that he is no reactionary"; "in plain view" [syn: apparent, evident, manifest, patent, plain, unmistakable].
Evident (a.) Capable of being seen or noticed; "a discernible change in attitude"; "a clearly evident erasure in the manuscript"; "an observable change in behavior" [syn: discernible, evident, observable].
Evidential (a.) Relating to, or affording, evidence; indicative; especially, relating to the evidences of Christianity. -- Bp. Fleetwood. "Evidential tracks." -- Earle.. -- Ev`i*den"tial*ly, adv.
Evidential (a.) Serving as or based on evidence; "evidential signs of a forced entry"; "its evidentiary value" [syn: evidential, evidentiary].
Evidentiary (a.) Furnishing evidence; asserting; proving; evidential.
When a fact is supposed, although incorrectly, to be evidentiary of, or a mark of, some other fact. -- J. S. Mill.
Evidentiary (a.) Pertaining to or constituting evidence; "evidentiary technique"; "an evidentiary fact".
Evidentiary (a.) Serving as or based on evidence; "evidential signs of a forced entry"; "its evidentiary value" [syn: evidential, evidentiary].
Evidently (adv.) In an evident manner; clearly; plainly.
Before whose eyes Jesus Christ hath been evidently set forth. -- Gal. iii. 1.
He was evidently in the prime of youth. -- W. Irving.
Evidently (adv.) Unmistakably (`plain' is often used informally for `plainly'); "the answer is obviously wrong"; "she was in bed and evidently in great pain"; "he was manifestly too important to leave off the guest list"; "it is all patently nonsense"; "she has apparently been living here for some time"; "I thought he owned the property, but apparently not"; "You are plainly wrong"; "he is plain stubborn" [syn: obviously, evidently, manifestly, patently, apparently, plainly, plain].
Evidentness (n.) State of being evident.
Evigilation (n.) A waking up or awakening. [Obs.]
Evil (a.) Having qualities tending to injury and mischief; having a nature or properties which tend to badness; mischievous; not good; worthless or deleterious; poor; as, an evil beast; and evil plant; an evil crop.
A good tree can not bring forth evil fruit. -- Matt. vii. 18.
Evil (a.) Having or exhibiting bad moral qualities; morally corrupt; wicked; wrong; vicious; as, evil conduct, thoughts, heart, words, and the like.
Ah, what a sign it is of evil life, When death's approach is seen so terrible. -- Shak.
Evil (a.) Producing or threatening sorrow, distress, injury, or calamity; unpropitious; calamitous; as, evil tidings; evil arrows; evil days.
Because he hath brought up an evil name upon a virgin of Israel. -- Deut. xxii. 19.
The owl shrieked at thy birth -- an evil sign. -- Shak.
Evil news rides post, while good news baits. -- Milton.
Evil eye, () An eye which inflicts injury by some magical or fascinating influence. It is still believed by the ignorant and superstitious that some persons have the supernatural power of injuring by a look.
It almost led him to believe in the evil eye. -- J. H. Newman.
Evil speaking, Speaking ill of others; calumny; censoriousness.
The evil one, the Devil; Satan.
Note: Evil is sometimes written as the first part of a compound (with or without a hyphen). In many cases the compounding need not be insisted on. Examples: Evil doer or evildoer, evil speaking or evil-speaking, evil worker, evil wishing, evil-hearted, evil-minded.
Syn: Mischieveous; pernicious; injurious; hurtful; destructive; wicked; sinful; bad; corrupt; perverse; wrong; vicious; calamitous.
Evil (n.) Anything which impairs the happiness of a being or deprives a being of any good; anything which causes suffering of any kind to sentient beings; injury; mischief; harm; -- opposed to good.
Evils which our own misdeeds have wrought. -- Milton.
The evil that men do lives after them. -- Shak.
Evil (n.) Moral badness, or the deviation of a moral being from the principles of virtue imposed by conscience, or by the will of the Supreme Being, or by the principles of a lawful human authority; disposition to do wrong; moral offence; wickedness; depravity.
The heart of the sons of men is full of evil. -- Eccl. ix. 3.
Evil (n.) malady or disease; especially in the phrase king's evil, the scrofula. [R.] -- Shak.
He [Edward the Confessor] was the first that touched for the evil. -- Addison.
Evil (adv.) In an evil manner; not well; ill; badly; unhappily; injuriously; unkindly. -- Shak.
It went evil with his house. -- 1 Chron. vii. 23.
The Egyptians evil entreated us, and affected us. -- Deut. xxvi.
Evil (a.) Morally bad or wrong; "evil purposes"; "an evil influence"; "evil deeds" [ant: good].
Evil (a.) Having the nature of vice [syn: evil, vicious].
Evil (a.) Having or exerting a malignant influence; "malevolent stars"; "a malefic force" [syn: malefic, malevolent, malign, evil].
Evil (n.) Morally objectionable behavior [syn: evil, immorality, wickedness, iniquity].
Evil (n.) That which causes harm or destruction or misfortune; "the evil that men do lives after them; the good is oft interred with their bones" -- Shakespeare.
Evil (n.) The quality of being morally wrong in principle or practice; "attempts to explain the origin of evil in the world" [syn: evil, evilness] [ant: good, goodness].
Evil (a.) As used by hackers, implies that some system, program, person, or institution is sufficiently maldesigned as to be not worth the bother of cretinous/{losing">dealing with. Unlike the adjectives in the cretinous/{losing/{ brain-damaged series, evil does not imply incompetence or bad design, but rather a set of goals or design criteria fatally incompatible with the speaker's. This usage is more an esthetic and engineering judgment than a moral one in the mainstream sense. ?We thought about adding a Blue Glue interface but decided it was too evil to deal with.? ?{TECO is neat, but it can be pretty evil if you're prone to typos.? Often pronounced with the first syllable lengthened, as/ eeee'vil/. Compare evil and rude.
Evil eye () See Evil eye under Evil, a.
Evil eye (n.) A look that is believed to have the power of inflicting harm.
Evil eye, () (Prov. 23:6), figuratively, the envious or covetous. (Comp. Deut. 15:9; Matt. 20:15.)
Evil-eyed (a.) Possessed of the supposed evil eye; also, looking with envy, jealousy, or bad design; malicious. -- Shak.
Evil-favored (a.) Having a bad countenance or appearance; ill-favored; blemished; deformed. -- Bacon. -- E"vil-fa`vored*ness, n. -- Deut. xvi. 1.
Evilly (adv.) In an evil manner; not well; ill. [Obs.] "Good deeds evilly bestowed." -- Shak.
Evilly (adv.) In a wicked evil manner; "act wickedly"; "grin evilly" [syn: wickedly, evilly].
Evil-minded (a.) Having evil dispositions or intentions; disposed to mischief or sin; malicious; malignant; wicked. -- E"vil-mind`ed*ness, n.
Evil-minded (a.) Having evil thoughts or intentions.
Evilness (n.) The condition or quality of being evil; badness; viciousness; malignity; vileness; as, evilness of heart; the evilness of sin.
Evilness (n.) The quality of being morally wrong in principle or practice; "attempts to explain the origin of evil in the world" [syn: evil, evilness] [ant: good, goodness].
Evinced (imp. & p. p.) of Evince.
Evincing (p. pr. & vb. n.) of Evince.
Evince (v. t.) 表明；顯示出；引起 To conquer; to subdue. [Obs.]
Error by his own arms is best evinced. -- Milton.
Evince (v. t.) To show in a clear manner; to prove beyond any reasonable doubt; to manifest; to make evident; to bring to light; to evidence. Evince is from Latin evincere, "to conquer entirely, to prevail over, to prove irresistibly," from e- (here used intensively) + vincere, "to conquer."
Common sense and experience must and will evince the truth of this. -- South.
Eevince (v.) Give expression to; "She showed her disappointment" [syn: express, show, evince].
Evincement (n.) The act of evincing or proving, or the state of being evinced.
Evincible (a.) Capable of being proved or clearly brought to light; demonstrable. -- Sir. M. Hale. --{E*vin"ci*bly, adv.
Evincive (a.) Tending to prove; having the power to demonstrate; demonstrative; indicative.
Evirate (v. t.) To emasculate; to dispossess of manhood. [Obs.] -- Bp. Hall.
Eviration (n.) Castration. [Obs.]
Eviscerated (imp. & p. p.) of Eviscerate.
Eviscerating (p. pr. & vb. n.) of Eviscerate.
Eviscerate (v. t.) To take out the entrails of; to disembowel; to gut.
Eviscerate (a.) Having been disemboweled.
Eviscerate (v.) Surgically remove a part of a structure or an organ [syn: resect, eviscerate].
Eviscerate (v.) Remove the contents of; "eviscerate the stomach".
Eviscerate (v.) Remove the entrails of; "draw a chicken" [syn: disembowel, eviscerate, draw].
Eviscerate (v.) Take away a vital or essential part of; "the compromise among the parties eviscerated the bill that had been proposed".
Evisceration (a.) A disemboweling.
Evisceration (n.) Surgical removal of an organ (or the contents of an organ) from a patient.
Evisceration (n.) The act of removing the bowels or viscera; the act of cutting so as to cause the viscera to protrude [syn: disembowelment, evisceration].
Evisceration (n.) Altering something (as a legislative act or a statement) in such a manner as to reduce its value; "the adoption of their amendments would have amounted to an evisceration of the act".
Evitable (a.) Avoidable. [R.] -- Hooker.
Evitable (a.) Capable of being avoided or warded off [syn: evitable, avoidable, avertible, avertable] [ant: inevitable].
Evitate (v. t.) To shun; to avoid. [Obs.] -- Shak.
Evitation (n.) A shunning; avoidance. [Obs.] -- Bacon.
Evite (v. t.) To shun. [Obs.] -- Dryton
Eviternal (a.) Eternal; everlasting. [Obs.] -- Ev`i*ter"nal*ly, adv. -- Bp. Hall.
Eviternity (n.) Eternity. [Obs.]
Evocate (v. t.) To call out or forth; to summon; to evoke. [R.] -- Stackhouse.
Evocation (n.) The act of calling out or forth. -- Sir. T. Browne.
The evocation of that better spirit. -- M. Arnold.
Evocation (n.) Imaginative re-creation.
Evocation (n.) Calling up supposed supernatural forces by spells and incantations [syn: evocation, summoning].
Evocation (n.) Stimulation that calls up (draws forth) a particular class of behaviors; "the elicitation of his testimony was not easy" [syn: evocation, induction, elicitation].
EVOCATION, () French law. The act by which a judge is deprived of the cognizance of a suit over which he had jurisdiction, for the purpose of conferring on other judges the power of deciding it. This is done with us by writ of certiorari.
Evocative (a.) Calling forth; serving to evoke; developing.
Evocative power over all that is eloquent and expressive in the better soul of man. -- W. Pater.
Evocative (a.) Serving to bring to mind; "cannot forbear to close on this redolent literary note"- Wilder Hobson; "a campaign redolent of machine politics" [syn: evocative, redolent, remindful, reminiscent, resonant].
Evocator (n.) One who calls forth. [R.]
Evoked (imp. & p. p.) of Evoke.
Evoking (p. pr. & vb. n.) of Evoke.
Evoke (v. t.) 喚起（記憶等）；引起；召（魂） To call out; to summon forth.
To evoke the queen of the fairies. -- T. Warton.
A regulating discipline of exercise, that whilst evoking the human energies, will not suffer them to be wasted. -- De Quincey.
Evoke (v. t.) To call away; to remove from one tribunal to another. [R.]
"The cause was evoked to Rome." -- Hume. Evolatic
Evoke (v.) Call forth (emotions, feelings, and responses); "arouse pity"; "raise a smile"; "evoke sympathy" [syn: arouse, elicit, enkindle, kindle, evoke, fire, raise, provoke].
Evoke (v.) Evoke or provoke to appear or occur; "Her behavior provoked a quarrel between the couple" [syn: provoke, evoke, call forth, kick up].
Evoke (v.) Deduce (a principle) or construe (a meaning); "We drew out some interesting linguistic data from the native informant" [syn: educe, evoke, elicit, extract, draw out].
Evoke (v.) Summon into action or bring into existence, often as if by magic; "raise the specter of unemployment"; "he conjured wild birds in the air"; "call down the spirits from the mountain" [syn: raise, conjure, conjure up, invoke, evoke, stir, call down, arouse, bring up, put forward, call forth].
Evoke (v.) Call to mind; "this remark evoked sadness" [syn: suggest, evoke, paint a picture].
Evolatic (a.) Alt. of Evolatical.
Evolatical (a.) Apt to fly away. [Obs. or R.] -- Blount.
Evolation (n.) A flying out or up. [Obs.] -- Bp. Hall.
Evolute (n.) (Geom.) 【數】漸屈線 A curve from which another curve, called the involute or evolvent, is described by the end of a thread gradually wound upon the former, or unwound from it. See Involute. It is the locus of the centers of all the circles which are osculatory to the given curve or evolvent.
Note: Any curve may be an evolute, the term being applied to it only in its relation to the involute.
Evolutility (n.) (Biol.) The faculty possessed by all substances capable of self-nourishment of manifesting the nutritive acts by changes of form, of volume, or of structure. -- Syd. Soc. Lex.
Evolution (n.) 發展，進展 [U]；（生物的）進化，演化；進化論 [U] The act of unfolding or unrolling; hence, in the process of growth; development; as, the evolution of a flower from a bud, or an animal from the egg.
Evolution (n.) A series of things unrolled or unfolded. "The whole evolution of ages." -- Dr. H. More.
Evolution (n.) (Geom.) The formation of an involute by unwrapping a thread from a curve as an evolute. -- Hutton.
Evolution (n.) (Arith. & Alg.) The extraction of roots; -- the reverse of involution.
Evolution (n.) (Mil. & Naval) A prescribed movement of a body of troops, or a vessel or fleet; any movement designed to effect a new arrangement or disposition; a maneuver.
Those evolutions are best which can be executed with the greatest celerity, compatible with regularity. -- Campbell.
Evolution (n.) (Biol.) A general name for the history of the steps by which any living organism has acquired the morphological and physiological characters which distinguish it; a gradual unfolding of successive phases of growth or development.
Evolution (n.) (Biol.) That theory of generation which supposes the germ to preexist in the parent, and its parts to be developed, but not actually formed, by the procreative act; -- opposed to epigenesis.
Evolution (n.) (Metaph.) That series of changes under natural law which involves continuous progress from the homogeneous to the heterogeneous in structure, and from the single and simple to the diverse and manifold in quality or function. The pocess is by some limited to organic beings; by others it is applied to the inorganic and the psychical. It is also applied to explain the existence and growth of institutions, manners, language, civilization, and every product of human activity. The agencies and laws of the process are variously explained by different philosophrs.
Evolution is to me series with development. -- Gladstone.
Evolution (n.) A process in which something passes by degrees to a different stage (especially a more advanced or mature stage); "the development of his ideas took many years"; "the evolution of Greek civilization"; "the slow development of her skill as a writer" [syn: development, evolution] [ant: degeneration, devolution].
Evolution (n.) (Biology) The sequence of events involved in the evolutionary development of a species or taxonomic group of organisms [syn: evolution, organic evolution, phylogeny, phylogenesis].
Evolutional (a.) 發展的；進化的 Relating to evolution. "Evolutional changes." -- H. Spenser.
Evolutionary (a.) 發展的；進化的；漸進的 Relating to evolution; as, evolutionary discussions.
Evolutionary (a.) Of or relating to or produced by evolution; "evolutionary biology".
Evolutionism (n.) 進化論 [U] The theory of, or belief in, evolution. See Evolution, 6 and 7.
Evolutionism (n.) (Biology) A scientific theory of the origin of species of plants and animals [syn: theory of evolution, theory of organic evolution, evolutionism].
Evolutionist (n.) One skilled in evolutions.
Evolutionist (n.) one who holds the doctrine of evolution, either in biology or in metaphysics. -- Darwin.
Evolutionist (n.) A person who believes in organic evolution.
Evolved (imp. & p. p.) of Evolve.
Evolving (p. pr. & vb. n.) of Evolve.
Evolve (v. t.) To unfold or unroll; to open and expand; to disentangle and exhibit clearly and satisfactorily; to develop; to derive; to educe.
The animal soul sooner evolves itself to its full orb and extent than the human soul. -- Sir. M. Hale.
The principles which art involves, science alone evolves. -- Whewell.
Not by any power evolved from man's own resources, but by a power which descended from above. -- J. C. Shairp.
Evolve (v. t.) To throw out; to emit; as, to evolve odors.
Evolve (v. i.) To become open, disclosed, or developed; to pass through a process of evolution. -- Prior.
Evolve (v.) Work out; "We have developed a new theory of evolution" [syn: evolve, germinate, develop].
Evolve (v.) Undergo development or evolution; "Modern man evolved a long time ago".
Evolve (v.) Gain through experience; "I acquired a strong aversion to television"; "Children must develop a sense of right and wrong"; "Dave developed leadership qualities in his new position"; "develop a passion for painting" [syn: develop, acquire, evolve].
Evolvement (n.) The act of evolving, or the state of being evolved; evolution.
Compare: Involute
Involute (n.) (Geom.) A curve traced by the end of a string wound upon another curve, or unwound from it; -- called also evolvent. See Evolute.
Evolvent (n.) (Geom.) The involute of a curve. See Involute, and Evolute.
Evomit (v. t.) To vomit. [Obs.]
Evomition (n.) The act of vomiting. [Obs.] -- Swift.
Evulgate (v. t.) To publish abroad. [Obs.]