CONTENTIOUS1 JURISDICTION2, eccl. law. In those cases where there is an action or judicial3 process, and it consists in hearing and determining the matter between party and party, it is said there is contentious jurisdiction, in contradistinction to voluntary jurisdiction, which is exercised in matters that require no judicial proceeding4, as in taking probate of wills, granting letters of administration, and the like. 3 Bl. Com. 66.
CONTESTATIO LITIS, civil law. The joinder of issue in a cause. Code of Pr. of Lo. art. 357.
CONTESTATION. The act by which two parties to an action claim the same right, or when one claims a right to a thing which the other denies; a controversy5. Wolff, Dr. de la Nat. 762.
CONTEXT. The general series or composition of a law, contract, covenant6, or agreement.
2. When, there is any obscurity in the words of an agreement or law, the context must be considered in its construction, for it must be performed according to the intention of its framers. 2 Cowen, 781,; 3 Miss. 447 1 Harringt. 154; 6 John. 43; 5 Gill & John. 239; 3 B. & P. 565; 8 East, 80 1 Dall. 426; 4 Dall. 340; 3 S. & R. 609 See Construction; Interpretation7.
CONTINGENT8. What may or may not happen;. what depends upon a doubtful event; as, a contingent debt, which is a debt depending upon some uncertain event. 9 Ves. It. 110; Co. Bankr. Laws, 245; 7 Ves. It. 301; 1 Ves. & Bea. 176; 8 Ves. R. 334; 1 Rose, R. 523; 3 T. R. 539; 4 T. R. 570. A contingent legacy9 is one which is not vested. Will. on Executors, h. t. See Contingent Remainder; Contingent Use.
CONTINGENT DAMAGES. Those given where the issues upon counts to which no demurrer has been filed, are tried, before demurrer to one or more counts in the same declaration has been decided10. 1 Str. 431.
CONTINGENT ESTATE. A contingent estate depends for its effect upon an event which may or may not happen: as an estate limited to a person not in esse or not yet born. Crabb on Real Property, b. 3, c. 1, sect11. 2. 946.
CONTINGENT REMAINDER, estates. An estate in remainder which is limited to take effect, either to a dubious12 and uncertain person, or upon a dubious and uncertain event, by, which no present or particular interest passes to the remainder-man, so that the particular estate may chance to be determined13 and the remainder never take effect. 2, Bouv. Inst. n. 1832. Vide Remainder.
CONTINGENT USE, estates. A use limited in a deed or conveyance14 of land which may or may not happen to vest, according to the contingency15 expressed in the limitation of such use. A contingent use is such as by possibility may happen in possession, reversion or remainder. 1 Rep. 121 Com. Dig. Uses, K. 6.
CONTINUAL CLAIM, English law. When the feoffee of land is prevented from taking possession by fear of menaces or bodily harm, he may make a claim -to the land in the presence of the vares, and if this claim is regularly made once every year and a day, which is then called a continual claim, it preserves to the feoffee his rights, and is equal to a legal entry. 3 Bl. Com. 175; 2 Bl. Com. 320; 1 Chit. Pr. 278 (a) in note; Crabbe's Inst. E. L. 403.
CONTINUANCE, practice. The adjournment16 of a cause from one day to another is called a continuance, an entry of which is made upon the record.
2. If these continuances are omitted, the cause is thereby17 discontinued, and the defendant18 is discharged sine die, (q. v.) without a day, for this term. By his appearance he has obeyed the command of the writ19, and, unless he be adjourned20 over to a certain day, he is no longer bound to attend upon that summons. 3 Bl. Com. 316.
3. Continuances may, however, be entered at any time, and if not entered, the want of them is aided or cured by the appearance of the parties; and Is a discontinuance can never be objected to pendente placito, so after the judgment21 it is cured by the statute22 of jeofails. Tidd's Pr. 628, 835.
4. Before the declaration the continuance is by dies datus prece partium; after the declaration and before issue joined, by imparlance; after issue joined and before verdict, by vicecomes non misit breve; and after verdict or demurrer by curia advisare vult. 1 Chit. Pl. 421, n. (p); see Vin. Abr. 454; Bac. Abr. Pleas, &c. P; Bac. Abr. Trial, H.; Com. Dig. Pleader, V. See, as to the origin of continuances, Steph. Pl. 31; 1 Ch. Pr. 778, 779.
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