Substitution

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Related to substitutional: substitutional impurity, Substitutional alloy

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)

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.

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.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
The above XPS results show that the substitutional nitrogen atoms are present in addition to the interstitial nitrogen dopant after Mo was introduced into the lattice of Ti[O.sub.2].
Additionally, copper ions could be introduced more easily in the ZnS lattice occupied substitutional or interstitial sites in the lattices of ZnS than in CdS [18].
However, while the substitutional theory is a "no-propositional functions" and "no-class" theory, it requires that propositions be genuine entities.
(PMI) and (PE) need not be construed either as standing in for an infinite number of individual principles or as disguised substitutional quantifications.
Golberg, "Electronbeam-induced substitutional carbon doping of boron nitride nanosheets, nanoribbons, and nanotubes," ACS Nano, vol.
Stimulation operating from nonoriginal sources by virtue of historical circumstances and current conditions of these sorts is deemed substitutional in kind (Kantor, 1958).
Excluding the JPY 11,915 million gain on the transfer of the substitutional portion of the employees' pension fund recorded in the same period in the previous year, operating income increased 32.1 percent.
Furthermore, Richard argues (again, convincingly) that substitutional quantification falters on much the same point.
Speaking at a general meeting of substitutional members, Ikuo Uno said the capital increase will boost the company's capital-adequacy ratio to 5% from 3.7% at the end of March this year.
After an enlightening discussion they reject Prior's and substitutional accounts of the quantifiers and instead propose truth conditions for sentential quantification which are deserving of serious consideration by the philosophical community.
The key semantic feature of singular terms, according to Brandom, is their substitutional role in inferences.
In connection with the nonstoichiometric behaviour, shown in Section 3.3, a substitutional solid solution of Al, Ti, and N in the face-centred cubic crystal lattice and in the wurtzite-type lattice can be assumed.