stale demand or claim

stale demand or claim
stale demand or claim
A demand or claim that has long remained unasserted; one that is first asserted after an unexplained delay which is so long as to render it difficult or impossible for the court to ascertain the truth of the matters in controversy and do justice between the parties, or as to create a presumption against the existence or validity of the claim, or a presumption that the claim has been abandoned or satisfied. Luschen v. Stanton, 192 Okl. 454, 137 P.2d 567, 572.
It implies a greater lapse of time than is necessary to "laches." Bell v. Mackey, 191 S.C. 105, 3 S.E.2d 816, 824, 830.
The doctrine is purely an equitable one, and arises only when, from lapse of time and laches of plaintiff, it would be inequitable to allow a party to enforce his legal rights. Wood v. City Board of Plumbing Examiners, 192 Ga. 415,15 S.E.2d 486, 488.
See also limitation (statute of limitations)

Black's law dictionary. . 1990.

Игры ⚽ Нужен реферат?

Look at other dictionaries:

  • stale demand — or claim A demand or claim that has long remained unasserted; one that is first asserted after an unexplained delay which is so long as to render it difficult or impossible for the court to ascertain the truth of the matters in controversy and do …   Black's law dictionary

  • Stale demand — Stale Stale, a. [Akin to stale urine, and to stall, n.; probably from Low German or Scandinavian. Cf. {Stale}, v. i.] 1. Vapid or tasteless from age; having lost its life, spirit, and flavor, from being long kept; as, stale beer. [1913 Webster] 2 …   The Collaborative International Dictionary of English

  • stale claim — stale demand or claim A demand or claim that has long remained unasserted; one that is first asserted after an unexplained delay which is so long as to render it difficult or impossible for the court to ascertain the truth of the matters in… …   Black's law dictionary

  • Stale — Stale, a. [Akin to stale urine, and to stall, n.; probably from Low German or Scandinavian. Cf. {Stale}, v. i.] 1. Vapid or tasteless from age; having lost its life, spirit, and flavor, from being long kept; as, stale beer. [1913 Webster] 2. Not… …   The Collaborative International Dictionary of English

  • Stale affidavit — Stale Stale, a. [Akin to stale urine, and to stall, n.; probably from Low German or Scandinavian. Cf. {Stale}, v. i.] 1. Vapid or tasteless from age; having lost its life, spirit, and flavor, from being long kept; as, stale beer. [1913 Webster] 2 …   The Collaborative International Dictionary of English

  • claim — n [Old French, from clamer to call, claim, from Latin clamare to shout, proclaim] 1 a: a demand for something (as money) due or believed to be due; specif: a demand for a benefit (as under the workers compensation law) or contractual payment (as… …   Law dictionary

  • stale´ness — stale1 «stayl», adjective, stal|er, stal|est, verb, staled, stal|ing. –adj. 1. that has lost some or all of its softness, flavor, or consistency through age; not fresh: » …   Useful english dictionary

  • stale´ly — stale1 «stayl», adjective, stal|er, stal|est, verb, staled, stal|ing. –adj. 1. that has lost some or all of its softness, flavor, or consistency through age; not fresh: » …   Useful english dictionary

  • Cheque — A Canadian cheque …   Wikipedia

  • Russia — /rush euh/, n. 1. Also called Russian Empire. Russian, Rossiya. a former empire in E Europe and N and W Asia: overthrown by the Russian Revolution 1917. Cap.: St. Petersburg (1703 1917). 2. See Union of Soviet Socialist Republics. 3. See Russian… …   Universalium

Share the article and excerpts

Direct link
… Do a right-click on the link above
and select “Copy Link”