COLOR OR OFFICE, criminal law. A wrong committed by an officer under the pretended authority of his office; in some cases the act amounts to a misdemeanor, and the party may then be indicted1. In other cases, the remedy to redress2 the wrong is by an action.
COLT. An animal of the horse species, whether male or female, not more than four years old. Russ. & Ry. 416.
COMBAT, Eng. law. The form of a forcible encounter between two or more persons or bodies of men; an engagement or battle. A duel3.
COMBINATION. A union of different things. A patent may be taken out for a new combination of existing machinery4, or machines. See 2 Mason, 112; and Composition of matter.
2. By combination is understood, in a bad sense, a union of men for the purpose of violating the law.
COMBUSTIO DOMORUM. Burning of houses; arson5. Vide 4 Bl. Com. 372.
COMES, pleading. In a plea, the defendant6 says, " And the said C D, by E F, his attorney, comes, and defends, &c. The word comes, venit, expresses the appearance of the defendant , in court. It is taken from the style of the entry of the proceedings7 on the record, and formed no part of the viva voce pleading. It is, accordingly, not considered as, in strictness, constituting a part of the Plea. 1 Chit. Pl. 411; Steph. Pl. 432.
COMES, offices. A Count. An officer during the middle ages, who possessed8 civil and military authority. Sav. Dr. Rom. Moy. age, n. 80.
2. Vice-comes, the Latin name for sheriff, was originally the lieutenant9 of the comes.
COMITATUS. A county. Most of the states are divided into counties; some, as Louisiana, are divided into parishes.
COMITES. Persons who are attached to a public minister, are so called. As to their privileges, see 1 Dall. 117; Baldw. 240; and Ambassador.
COMITY10. Courtesy; a disposition11 to accomodate.
2. Courts of justice in one state will, out of comity, enforce the laws of another state, when by such enforcement they will not violate their laws or inflict12. an injury on some one of their own citizens; as, for example, the discharge of a debtor13 under the insolvent14 laws of one state, will be respected in another state, where there is a reciprocity in this respect.
3. It is a general rule that the municipal laws of a country do not extend beyond its limits, and cannot be enforced in another, except on the principle of comity. But when those laws clash and interfere15 with the rights of citizens, or the laws of the countries where the parties to the contract seek to enforce it, as one or the other must give way, those prevailing16 where the relief is sought must have the preference. 2 Mart. Lo. Rep. N. S. 93; S. C. 2 Harr. Cond. Lo. Rep. 606, 609; 2 B. & C. 448, 471; 6 Binn. 353; 5 Crancb, 299; 2 Mass. 84; 6 Mass. 358; 7 Mart. Lo. R. 318. See Conflict of Laws; Lex loci contractus.