What is CLAIM? Definition of CLAIM in Black's Law Dictionary - Legal dictionary - Glossary of legal terms.
n. A broad, comprehensive word, Wheel- er v. Equitable Life Assur. Soc. of United States, 211 Minn. 474, 1 N.W.2d 593, 596.
v. To demand as one's own; to assert, Hill v. Henry, 66 N.J.Eq. 150, 57 Atl. 555. To state; to urge; to insist.
It may embrace or apply to a call, In re Heim's Estate, 3 N.Y.S.2d 134, 138, 166 Misc. 931; a demand, Moulding Brownell Corporation v. E. C. Delfosse Const. Co., 291 Ill. App. 343, 9 N.E.2d 459, 461, a pretense; a right or title, Orenberg v. Thecker, 143 F.2d 375, 377, 79 U.S.App.D.C. 149; Lawrence v. Miller, 2 N.Y. 245, 254; an account, In re Stratman's Estate, 231 Iowa 480, 1 N.W.2d 6:36, 642; an action on account, Coleman v. Kansas City, 351 Mo. 254, 173 S.W.2d 572, 576; an assertion, Ritter v. Albuquerque Gas & Electric Co., 47 N.M. 329, 142 P.2d 919, 922; both the principal amount of judgment and interest thereon, Powell v. Link, C.C.A.Va., 114 F.2d 550, 554; cause of suit or cause of action, Jacobson v. Mutual Ben. Health & Accident Ass'n, 73 N.D. 108, 11 N.W.2d 442, 446; challenge of property or ownership of a thing which is wrongfully withheld, Douglas v. Beasley, 40 Ala. 147; Prigg v. Pennsylvania, 16 Pet. 615, 10 L.Ed. 1060; challenge of something as right, Uintah State Bank v. Ajax, 77 Utah, 455, 297 P. 434, 438. Claims ex delicto as well as ex contractu, Williams v. Williams, 217 Ind. 581, 29 N.E.2d 557, 558. Debt, Tanner v. Best's Estate, 40 Cal.App.2d 442, 104 P.2d 1084, 1087. But not all valid "claims" are "debts," State Banking Co. v. Hinton, 178 Ga. 68, 172 S.E. 42, 47, 91 A.L.R. 596; existing right, Mellus v. Potter, 91 Cal.App. 700, 267 P. 563, 564; judgment, Jennings v. Loucks, 297 N.Y.S. 893, 896, 163 Misc. 791; legal capability to require a positive or negative act of another person, Kocourek, Jural Relations, 2d Ed., 7; legal claim, right. In re Heinemann's Will, 201 Wis. 484, 230 N.W. 698, 700; means by or through which claimant obtains possession or enjoyment of privilege or thing, Lawrence v. Miller, 2 N.Y. 245, 254; valid claim,Revenue, C.C.A.6, 117 F.2d 452, 454.
In patent law, specification by applicant for patent of particular things in which he insists his invention is novel and patentable ; the clause in application in which applicant defines precisely what his invention is. Westinghouse Electric & Mfg. Co. v. Metropolitan Electric Mfg. Co., C.C.A.N.Y., 290 F. 661, 664.
Under Compensation Acts, a claim for which an amount of compensation may be deducible. Texas Employers Ins. Ass'n v. Booth, Tex.Civ.App., 113 S.W.2d 231, 241.
A demand for compensation, Georgia Casualty Co. v. Ward, Tex.Civ.App., 220 S.W. 380, 381; or for payment of medical expenses, Schmidt v. City of Lincoln, 137 Neb. 546, 290 N.W. 250, 253; A notice that claimant is claiming compensation and benefits, Kaplan v. Kaplan Knitting Mills, 248 N.Y. 10, 161 N.E. 204, 206; A provision that no claim for compensation shall be assignable before payment, covers both claims and awards. Pacific Electric R. Co. v. Commonwealth Bonding & Casualty Ins. Co., 55 Cal.App. 704, 204 P. 262, 263.
Under land laws, tract of land taken up by a preemptioner or other settler (and also his possession of it). Railroad Co. v. Abink, 14 Neb. 95, 15 N.W. 317. Under mechanic's lien law of some states, a demand put on record by a mechanic or materialman against a building for work or material contributed to its erection.
Under statute authorizing the courts to order a bill of particulars of the "claim" of either party, "claim" is co extensive with "case," and embraces all causes of action and all grounds of defense, the pleas of both parties, and pleas in confession and avoidance, no less than complaints and counter claims. Orvis v. Jennings, 6 Daly (N.Y.) 446.
When applied to estate of decedent, asserted but unadjudicated obligation, In re Franks' Estate, 277 N.Y.S. 573, 154 Misc. 472; debt or demand of a pecuniary nature, Tinkham v. Tinkham, 112 Ind.App. 532, 45 N.E.2d 357, 360; debts already due and unmatured debts, Roth v. Ravich, 111 Conn. 649, 151 A. 179, 180, 74 A.L.R. 364.
Within statute concerning presentation of false claim to political unit or officer, one which upon its face purports to be charge for which county would be liable. State ex rel. Welling v. Third Judicial District Court in and for Salt Lake County, 87 Utah 416, 49 P.2d 950, 952.
Within World War Veterans' Act any physical writing which furnishes the desired information, Cable v. United States, C.C.A.I1l., 104 F.2d 541, 545; assertion of a present claim demand, Werner v. United States, C.C.A.N.Y., 86 F. 2d 113; Cannon v. United States, D.C.Pa., 45 F.Supp. 106, 108.
An adverse claim is one set up by a stranger to goods upon which the sheriff has levied an execution or attachment. It is also applied to claims to real property.
For "Counter claim" and "False Claim," and "False or Fraudulent Claim," see those titles.
More On This Topic : CLAIM OF OWNERSHIP, RIGHT AND TITLE
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That's the definition of CLAIM in Black's Law Dictionary - Legal dictionary - Glossary of legal terms. Courtesy of Cekhukum.com.
