DE IDENTITATE NOMINIS
-DE IDENTITATE NOMINIS. A writ which lay for one arrested in a personal action and committed to prison under a mistake as to his identity, the proper defendant bearing the same name, Reg. Orig. 194.
Category: Criminal Law
Found 663 results · Showing 181–210
DE MELIORIBUS DAMNIS. Of or
for the better damages. A term used in practice to denote the election by a plaintiff against which of several defendants (where the damages have been assessed separately) he will take judgment. 1 Arch. Pr. K. B. 219; Knickerbacker vy. Colver, 8 Cow....
DE MODERATA MISERICORDIA
DE MANUTENENDO. Writ of maintenance. A writ which lay against a person for the offense of maintenance. Reg. Orig. 189, 1820.
DE NON RESIDENTIA CLERICI RE
GIS. An ancient writ where a parson was employed in the royal service, etc., to excuse and discharge him of non-residence. 2. Inst. 264.
DE NOVI OPERIS NUNCIATIONE
In the civii law. A form of interdict or injunction which lies in some cases where the defendant is about to erect a “new work” (q. v.) in derogation or injury of the plaintiff’s rights.
DE PLAGIS ET MAHEMIO. Of
wounds and mayhem. The name of a criminal appeal formerly in use in England, in cases of wounding and maiming. Bract. fol. 1440; 2 Reeve, Eng. Law, 34. See APPEAL.
DE PROPRIETATE PROBANDA
Writ for proving property. A writ directed to the sheriff, to inquire of the property or goods distrained, where the defendant in an action of replevin claims thé property. 3 BI.
DE RIEN CULPABLE
L. Fr. of nothing; not guilty.
DE TRANSGRESSIONE, AD AU
DIENDUM ET TERMINANDUM. A writ or commission for the hearing and determining any outrage or misdemeanor.
Dec
582. 707; Cady v. Brooklyn Union Pub. Co., 23 Misc. Rep. 409, 51 N. Y. Supp.:198. 496. An advancement is any provision by a parent made to and accepted by a child out of his estate, either in money or property, during his life-time, over and above ...
Decatur v. Stoops, 21 Ind. App
807, 52 N. K&B 623.—Law of the staple. w administered in the court of the mayor of the staple; the law-merchant. 4 Inst. 235. STAPLE.< Laws of war. This term denotes a branch of ublic international law, and comprises the ody of rules and principles...
DECREET 340
the decision is in favor of the plaintiff. Ersk. Inst, 4, 3, 5.—Decreet of valuation of teinds. A sentence of the court of sessions, ae are now in the place of the commissioners or the valuation of teinds,) determining the extent and value of teind...
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 answers, to administer oaths of of...
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 this writ.
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 to the party against whom a w...
DEFENDER
(Fr.) To deny; to defend; to conduct a suit for a defendant; to forbid; to prevent; to protect. A defendant.
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 answer upon oath, upon which h...
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 the criminal law. And it is p...
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 damages at a figure in excess of the...
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.
DEPARTURE
public officer, whose duty it fs to prosecute offenders, that a crime has been committed. v. Wyler, 158 U. S. 285, 15 Sup. Ct. 877, 39
DEPREDATION
In ecclesiastical law. The act of depriving a clergyman, by a competent tribunal, of his clerical orders, to punish him for some offense and to prevent his acting in future in his clerical character. Ayl. Par. 206... -
DEPRIVATION
DEPRIVATION. In English ecclesiastical law. ‘he taking away from a clergyman his benefice or other spiritual promotion or. dignity, either by sentence declaratory in the proper court for fit and suffictent causes or in pursuance of divers penal sta...
DH-FIDE ET OFFICIO JUDICIS
juris, sive facti. Concerning the fidelity and official conduct of a judge, no question is [will be] entertained; but [only] concerning his knowledge, whether the error [committed] be of law or of fact. Bac. Max. 68, reg. 17. The bona fides and hones...
DIEI DIOTIO
Lat. In Roman law. This name was given to a notice promulgated by a magistrate of his intention to present an impeachment against a citizen before the people, specifying the day appointed, the name of the accused, and the crime charged.
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 canon law prevails, or in the cour...
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 impediment to marriage, or the re...
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.
DISINCABRCERATE
To set at liberty, to free from prison. .