Legal Definitions - de manutenendo

De manutenendo refers to a historical legal writ, or formal court order, issued against an individual who improperly interfered in a lawsuit by providing financial or other substantial assistance to one of the parties. This assistance was considered wrongful because it enabled or encouraged the continuation of litigation without the intervener having a legitimate legal interest in the case itself, often with the intent to stir up or prolong legal disputes.

Here are some examples illustrating how this historical legal concept might have applied:

• The Feuding Neighbors: Imagine two landowners involved in a minor dispute over a property boundary. A third, wealthy neighbor, who harbors a personal grudge against one of the landowners, secretly offers to cover all legal fees for the other party. This financial backing encourages the recipient to pursue the case aggressively and refuse any settlement, even though the wealthy neighbor has no direct legal claim to the land in question.

  Explanation: The wealthy neighbor's financial assistance, provided without a legitimate interest in the property dispute, wrongfully enables and encourages the litigation to continue, fitting the historical definition of an action that a writ of de manutenendo would address.

• The Business Rivalry: Consider two competing businesses engaged in a lengthy and costly lawsuit over a breach of contract. A third business, a rival to both, sees an opportunity to weaken its competitors. This rival covertly provides a significant loan to one of the parties, specifically earmarked for ongoing legal expenses, with the implicit understanding that the lawsuit should be prolonged as much as possible to drain both companies' resources.

  Explanation: The rival business's provision of funds, motivated by a desire to harm both parties rather than a direct legal stake in the contract dispute, constitutes wrongful assistance to continue litigation. Historically, this type of interference was precisely what a writ of de manutenendo aimed to prevent.