substitution

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substitution

n. putting one person in place of another, in particular replacement of the attorney of record in a lawsuit with another attorney (or the party acting in propria persona). (See: substitution of attorney)

See: contribution, cover, devolution, exchange, indemnification, novation, preemption, proxy, recompense, replacement, representation, representative, stopgap, subrogation, substitute, succedaneum

SUBSTITUTION, civil law. In the law of devises, it is the putting of one person in the place of another, so that he may, in default of ability in the former, or after him, have the benefit of a devise or legacy.
     2. It is a species of subrogation made in two different ways; the first is direct substitution, and the latter a trust or fidei commissary substitution. The first or direct substitution, is merely the institution of a second legatee, in case the first should be either incapable or unwilling to accept the legacy; for example, if a testator should give to Peter his estate, but in case he cannot legally receive it, or he willfully refuses it, then I give it to Paul; this is a direct substitution. Fidei commissary substitution is that which takes place when the person substituted is not to receive the legacy until after the first legatee, and consequently must receive the thing bequeathed from the hands of the latter for example, I institute Peter my heir, and I request that at his death he shall deliver my succession to Paul. Merl. Repert. h.t.; 5 Toull. 14.

SUBSTITUTION, chancery practice. This takes place in a case where a creditor has a lien on two different parcels of land, and another creditor has a subsequent lien on one only of the parcels, and the prior creditor elects to have his whole demand out of the parcel of land on which the subsequent creditor takes his lien; the latter is entitled, by way of substitution, to have the prior lien assigned to him for his benefit. 1 Johns. Ch. R. 409; 2 Hawk's Rep. 623; 2 Mason, R. 342. And in a case where a bond creditor exacts the whole of the debt from one of the sureties, that surety is entitled to be substituted in his place, and to a cession of his rights and securities, as if be were a purchaser, either against the principal or his co-sureties. Id. 413; 1 Paige's R. 185; 7 John. Ch. Rep. 211; 10 Watts, R. 148.
     2. A surety on paying the debt is entitled to stand in the place of the creditor and to be subrogated to all his rights against the principal. 2 Johns. Ch. R. 454. 4 Johns. Ch. R. 123; 1 Edw. R. 164; 7 John. R. 584; 3 Paige's R. 117; 2 Call, R. 125; 2 Yerg. R. 346; 1 Gill & John. 346; 6 Rand. R. 98,; 8 Watts, R. 384. In Pennsylvania it is provided by act of assembly, that in all cases where a constable shall be entrusted with the execution of any process for the collection of money, and by neglect of duty shall fail to collect the same, by means whereof the bail or security of such constable shall be compelled to pay the amount of any judgment shall vest in the person paying, as aforesaid, the equitable interest in such judgment, and the amount due upon any such judgment may be collected in the name of the plaintiff for the use of such person. Pamphlet Laws, 1828-29, p. 370. Vide 2 Binn. R. 382, and Subrogation.

References in periodicals archive ?
Last year Armagh were granted a replay following their qualifier defeat to Laois when Laois introduced a seventh substitution in the final minute of their qualifier game in Portlaoise.
This is not possible for every size and shape of substitution, but for large enough substitutions it works.
They found that seasonal flu escapes immunity and develops into new strains typically by just a single amino acid substitution.
With respect to the root strain, three substitutions in the protein sequences of the C-prM junction were located in the genotype-III sequences.
Drug substitution is mainly economically driven; it can benefit healthcare services but does not directly benefit individual patients," said Dr Mubarak Nasser Al Ameri, one of the first UAE researchers to receive a PhD in Pharmacoeconomics and with the highest distinction from the London University, UK.
As shown in Scheme 2, the substitution of C1 in PVC by a nucleophile (Nu) opens the possibility of developing new polymers with new functional groups from waste PVC.
Formulary substitutions exchange a drug that is not covered by a resident's formulary for one from the same therapeutic class that is covered.
I'm not going to change my philosophy on substitutions.
The maximum of two substitutions per line allowed during the transfer window equally applies to each line contained in a permutation entry.
I found rather more 5-letter substitutions, and over 2000 examples of 4-letter substitutions.
On each occasion we have drawn and we have made three substitutions.
Structure of hydroxyapatite (OHAp), considered as the prototype for the inorganic component of bones and teeth is discussed with respect to the kinds and locations of ionic substitutions.