DIES
Lat. Aday; days. Days for ap- ared in court, and
Terms beginning with "D" (491 total)
DIEU ET MON DROIT
Fr. God and my right. The motto of the royal arms of England, first assumed by Richard I.
DIEU SON ACTE
L. Fr. In old law. God his act; God’s act. An event beyond human foresight or control. Termes de la Ley.
Dig
47, 14, 3, 2. See Cod. 9, 37; Nov. 22, ce 15, § 1; 4 Bl. Comm. 239. 15,.4; Cod. 4, 26.—Actio quod metds causa. An action granted to one who had been compelled by unlawful force, or fear (metas causa) that was not gro...
DIGAMA
proceedings, or legal purposes. Co. Litt. 135a; Noy, Max. 2; Wing. Max. 7, max. 5;
DIGEST
3: PIGEST. A collection or compilation, embodying the chief, matter.of numerous books in one, disposed under proper heads or titles, and usually by an alphabetical arrangement, for facility in reference.
DILIGENCE
ther voluntary, by pulling down, or permissive, by suffering thé church, parsonage houses, and other buildings thereunto be Jonging, to decay. And the remedy for either lies either in the spiritual court, where the cano...
DILIGIATUS
(Fr. De lege ejectus, Lat.) Outlawed.
Dill
(or Dil.). Dillon’s United States Circuit Court Reports.
Dillard v. Webb, 55 Ala
474. And see Binzel v. Grogan, 67 Wis. 147, 20 N. W. 895;
Dillman v. Hoffman, 88 Wis
572. A settlcd estate, in English law, is one created or limited under a settlement; that is, one in which the powers of alienation, devising, and transmission according to the ordinary rules of descent are restrained by...
DIMIDIA, DIMIDIUM, DIMIDIUS
Half; a half; the half.
Dingman
y. Dingman, 39 Ohio St. 178; Smith v. Shaw, 150 Mass. 297, 22 N. E. 924.
Dinkey v. Com., 17 Pa
129, 55 Am. Dee. 542.
DIOCESAN COURTS
DIOCESAN COURTS. In English law. The consistorial courts of each diocese, exereising general jurisdiction of all matters arising locally within their respective limits, with the exception of places subject to peculiar ju...
DIOCESAN.
enforcing the attendance of witnesses, or the production of writings. Ersk. Inst. 4, 1, .71.
Dionys
ii. 10; Adams, Rom. Ant. 33.
DIRECTION
DIPTYCHA. Diptychs; tablets of wood, metal, or other substance, used among the Romans for the purpose of writing, and folded like a book of two leaves. The diptychs of antiquity were especially employed for public regist...
DIRECTOR OF THE MINT. An of
ficer having the control, management, and superintendence of the United States mint and its branches. He is appointed by the president, by and with the advice and consent of the senate.
DIS, Breve
L. Lat. Writ of ward, or writ of right of ward. <A writ which lay for a guardian in knight’s service or in socage, to recover the possession and custody of the infant, or the wardshtp of the land and heir.
DISAFFIRMANCE
joyment of ordinary legal rights; thus married women, persons under age, insane persons, and felons convict are said to be under disability. Sometimes the term is used in a more limited sense, as when it signifies an imp...
DISAFFORKST
the intention of the party to disregard the obligations of the contract.
DISAVOW
ized acts of an agent; to deny the authority by which he assumed to act.
DISCARGARE
To discharge or unload, as a wagon. man.
DISCHARGE
et discarcare; to charge and discharge; to load and unload. Cowell. counter-claims brought in and filed, by way of set-off, by the accounting defendant; which follows the charge in order.
DISCONTINUANCE
conveyed to him. Thus, a trustee is said to disclaim who releases to his fellow-trustees his estate, and relieves himself of the trust.
DISCONTINUANCE OF AN ESTATE
The termination or suspension of an estatetail, in consequence of the act of the tenant in tail, in conveying a larger estate in the land than he was by law entitled to do. 2 Bl. Comm. 275; 8 Bl. Comm. 171. An alienation...
DISCONTINUANOE OF AN ESTATE
of the plaintiff's declaration, and the plaintiff omits to take judgment for the part unanswered. Steph. Pl. 216, 217.
DISCONVENABLE
L. Fr. unfit. Kelham.
DISCOVERY
ust produce its amount. Bank v. Johnson, 104 . 8. 276, 26 L. Ed. 742. ; Discounting a note and buying it are not iden-
DISFRANCHISB
act; but this judicial discretion is guided by the law, (see what the law declares upon a certain statement of facts, and then decide in accordance with the law,) so as to do substantial equity and justice. aber v. Brune...
DISFRANCHISEMENT
. DISFRANCHISEMENT. The act of disfranchising. The act of depriving a member of a corporation of his right as such,. by expulsion. 1 Bouv. Inst. no. 192. Richards v. Clarksburg, 30 W. Va. 491, 4 S. E. 774;
DISINCABRCERATE
To set at liberty, to free from prison. .
DISINHERISON. In the civil
aw:- The act of depriving a forced heir of the inheritance which the law gives him.
DISJUNCTIVE ALLEGATION. A
statement in a pleading or indictment which expresses or charges a thing alternatively, with the conjunction “or;” for instance, an averment that defendant “murdered or caused to be murdered,” etc., would be of t...
DISJUNOTIM
Lat. In the civil law. Separately; severally. The opposite.of conjunctim, (g. v.) Inst.-2, 20, 8.- ;
DISMES. Tenths; tithes, (q
v.) ‘The original form of “dime,” the name of thd American coin.
DISMISSAL
tes 6 DE. Root-v. Water Supply Co., 46: Kan. 83; ee Pac. 398; Lindsay v. Allen, _ Tenn: 4 . 171. See Haldeman v. U. S.. 91 ty nor 23 °L. Ed. 433.—Dismissal without rejudice. Dismissal] of a bill in equity without prej...
Disn
(or Dis.). Reports, Cincinnati.
DISPARAGATION
L. Fr. Disparagement; the matching an heir, etc., in mar riage, under his or her degree or condition, or against the rules of decency. Kelham.
DISPENSATION
DISPARAGEMENT. In old English law: An injury by union or comparison with some person or thing of inferior rank or excellence.
DISPONO
Lat. To dispose of, grant, or convey. Déisponet, he grants or alienates. Jus disponendé, the right of disposition, 4 6., of transferring the title to property. .
DISPOSING CAPACITY OR MIND
These are alternative or synonymous phrases in the law of wills for “sound mind,” and “testamentary capacity,” (g. v.)
DISPOSSESS PROCEEDINGS. Sum
mary process by a landlord to oust the tenant and regain possession of the premises for non-payment of rent or other breach of the conditions of the lease. Of local origin and colloquial use in New York.
DISRATIONARE, or DIRATIONARE
‘To justify; to clear one’s self of a fault; ‘to traverse an indictment; to disprove. Enc. Lond. .
DISSENSUS
Lat. In the civil law. The mutual agreement of the parties to a simple contract obligation that it shall be dissolved or annulled; technically, an undoing of the consensus which created the obligation. Mackeld. Rom. Law,...
DISSOLUTION
Disseisinam satis facit, qui uti non permittit possessorem, vel minus commode, licet omnino non expellat. Co. ence as a body politic. This may take place in several ways; as by act of the legislature, where that is cons...
DISSOLUTION OF PARLIAMENT
The crown may dissolve parliament either in person or by proclamation; the dissolution is usually by proclamation, after a prorogation. No parliament may last for a longer period than seven years. Septennial Act, 1 Geo. ...
Dist
v. Shepard, 185 U, S. 1, 22 Sup. Ct. 581, 46 L. Ed. 773; In re Gibbs’ Estate, 157 Pa.
Dist., 13 Neb
88, 12 N. W. 812; Railroad Co. vy. Stichter, 11 Wkly. Notes Cas. (Pa.) 325.