DEDIMUS POTESTATEM
(We have given power.) In English practice. A writ or commission issuing out of chancery, empowering the persons named therein to perform certain acts, as to administer oaths to defendants in chancery and take their answ...
Terms beginning with "D" (491 total)
DEDIMUS POTESTATEM DE AT
TORNO FAOIENDO. In old English practice. A writ, issued by royal authority, empowering an attorney to appear for a defendant. Prior to the statute of Westminster 2, a party could not appear in court by attorney without t...
Dee
212. 376. 441; Hulett v. Insurance Co., 114 Pa. 142, 6 Atl. 554. 168; Collard v. Eddy, 17 Mo. 355;
DEED
parts, between two or more parties, and distinguished by having the edge of the paper or parchment on which it is written indented or cut at the topina particular manner. This was formerly done at the top or side, in a l...
DEER-HAYES
made of cord to catch deer. ec. 11.
DEFAMES
L. Fr. Infamous. Britt. c. 15. DEFAULT. The omission or failure to
DEFECTUS
Lat. Defect; default; want; imperfection; disqualification. —Challenge propter defectum. <A challenge to < jure on account of some legal disqualification, such as infancy. etc. See CHAL-
DEFENDANT
Ass’n, 119 Iowa, 188, 93 N. W. 297; Bliven v. Sioux City,'’85 Iowa, 346, 52 N. W. 246. the .parties respectively the ‘“demandant” and the “tenant.” : —Defendant in error. The distinctive term appropriate...
DEFENDEMUS
Lat. A word used in grants and donations, which binds the donor and his heirs to defend the donee, if any one _ go about to lay any incumbrance on the thing given other than what is contained in the deed of donation. Bra...
DEFENDER
(Fr.) To deny; to defend; to conduct a suit for a defendant; to forbid; to prevent; to protect. A defendant.
DEFENDER OF THE FAITH. A pe
culiar title belonging to the sovereign of England, as that of “Catholic” to the king of Spain, and that of “Most Christian” to the king of France. These titles were originally given by the popes of Rome; and tha...
DEFENDERE SE PER CORPUS SU
UM. To offer duel or combat as a legal trial and appeal. Abolished by 59 Geo. III. §$ 46. See Barts.
DEFENDIT VIM ET INJURIAM. He
defends the force and injury. Fleta, lib. 5, c. 39, § 1.
DEFENDOUR
L. Fr. <A defender or defendant; the party accused in an appeal.
DEFENSIVE ALLEGATION. In Eng
lish ecclesiastical law. A species of pleading, where the defendant, instead of denying the plaintiff's charge upon oath, has any circumstances to offer in his defense. This entitles him, in his turn, to the plaintiff's ...
DEFINE
to those of a notary in regard to the execution of wills and conveyances—Defensor Adel. Defender of the faith. See DEFENDER.
DEFINITIO
is frequently used in the creation, enlarging, and extending the powers and duties of boards and officers, in defining certain offenses and providing punishment for the same, and thus enlarging and extending the scope of...
DEFORCIARE
i Lat. To withhold lands or tenements from the rightful owner. This is a word of art which cannot be supplied by any other word. Co. Litt. 331d.
DEFORCIATIO
L. Iat. In old Eng- Hsh Jaw. A distress, distraint, or selzure of goods for satisfaction of a lawful debt. Cowell.
DEFUNCTUS
Lat. Dead. “Defunctus sine prole,” dead without (leaving) issue.
DEGRADATION
thus, where a lord has a selgnory, and lands escheat to him propter defectum sanguinis, but the seisin is withheld from him, this is a deforcement, and the person who withholds the seisin is ‘called a “deforceor.” ...
DEGRADATIONS
knight at common law, and also by act of parifament. Wharton.
DEHORS. IL
Fr. Out of; without; be- _yond ; foreign to; unconnected with. Dehors the record; foreign to the record. 8 BL
DEI GRATIA
Lat. By the grace of God. A phrase used in the formal] title of a king or queen, importing a claim of sovereignty by the favor or commission of God. In ancient times it was incorporated in the titles of inferior officers...
DEL BIEN ESTRE. LL
Fr. In old Eng lish practice. Of well being; of form. The same as de bene esse. Britt. c. 89.
DELATURA
reward of an informer.
DELEGATE
performance of the contract. Such a factor is called a “del credere agent.” He is a mere surety, liable only to his principal in case the purchaser makes default. Story, Ag. 28; Loeb v. Hellinan, 83 N. Y. 603; Lewis ...
DELEGATION
DELEGATION. A sending away; a putting into commission: the assignment of a debt to another: the intrusting another with a general power to act for the good of those who depute him.
DELICT
committed. It implies that the perpetrator must be capable of the exercise ef such mental powers as are called into use by deliberation and the consideration and weighing of motives and consequences. State v. Boyle, 28 I...
DELICTUM
prudence not legally excusable, causes injury to another. They were four in number, viz: (1) . Qui judee item suam fecit, being the offense of partiality or excess in the "judea, (juryman;) c. g-, in assessing the damage...
DELIOTUM
Lat. A delict, tort, wrong, injury, or Offense. Actions ez delicto are such as are founded on a tort, as distinguished from actions on contract.
DELIVERY
are. His thoughts seem to drift about, wildering and tossing amidst distracted dreams. And his observations, when he makes any, as often happens, are wild and incoherent; or, from excess of pain, he sinks into a low mutt...
DEMAIN. See DEMESNE
DEMAND, v. In practice. To claim as one’s due; to require; to ask relief. To summon; to call in court. “Although solemmnly demanded, comes not, but makes default.”
DEMENTENANT EN AVANT
L. Fr. From this time forward. Kelham.
DEMENTIA. See INSANITY
DEMESNE. Domain; dominical; held in one’s own right, and not of a superior; not allotted to tenants.
DEMESNE
word except “claim.” Co. Litt. 201; In re Denny, 2 Hill (N. Y.) 220. in his demesne as of fee of a corporeal inheritance, because he has a property, dominicum or demesne, in the thing itself. ut when he has no domin...
DEMI
French. Half; the half. Used chiefly in composition.
DEMINUTIO
ing away; loss or deprivation. DEMISE, v. In conveyancing. To convey or create an estate for years or life; to lease. The usual and operative word in leases: “Have granted, demised, and to farm let, and by these prese...
DEMISI
Lat. I have demised or leased. Demist, concesst, et ad firmem tradidi; have demised, granted, and to farm let. The usual operative words in ancient leases, as the corresponding English words are in the modern forms. 2 Bl...
DEMISSIO
L. Lat. A demise or let-
DEMONETIZATION
on each side, of the same land, or something ou of it; as when A. grants a lease to B. at - a nominal rent, (as of a pepper corn,) and B. redemises-the same property to A. for a shorter time at a real, substantial rent. ...
DEMONSTRATIO
Lat. Description; addition; denomination. Occurring oftengin the phrase, “Falsa demonstratio non nocet,” (a false description does not harm.)
DEMURRER>
gued to the court in bano, who ave inde ee
DEMY SANKE, DEMY SANGUE
Half-blood. A corruption of demi-sang.
DENCE
It is difficult to give an exact definition of “habitancy.” In general] terms, one may be designated as an “inhabitant” of that place which constitutes the principal seat of his residence, of his business, pursui...
DENIER
L. Fr. In old English law. Denial; refusal. Denier is when the rent, (being demanded upon the land) is not paid.
Denio (N. Y.) 220, 47 Am. Dec
248; Sheridan v. Presas, 18: Misc. Rep.-180, 41 N. Y. Supp. 451; Bank.of Rochester v. Jones, 4 N.: WY: 507, 55 Am. Dec. 290; Eastman v. Avery, 22
Denison, 20 Wend
(x. Y.) 181.—Master of the crown office. e king’s coroner and attorney in the crimina] department of the court of king’s bench, who prosecutes at the relation of some private person or common informer, the crown be...
Dennett, 44 N. H. 537, 84 Am. Dec
97; Potts v. House, 6 Ga. 350, 50, Am. Dec. 0929: Jackson v. King, 4 Cow. (N. Y.) 207, 15. Am. Dec. 354; Stanton v. Wetherwax, 16 Barb. (N. Y.). 262.
DENOMINATIO FIERI DEBET
the fief, and all the rights and incidents belonging to it. Guyot, Inst. Feud. c. 3.