That which is ascertained, what is particularly designated, as, if I sell you my horse Napoleon, the article sold is here determined. This is very dif...
The end, the conclusion, of a right or authority, as, the determination of a lease. 1 Com. Dig. Estates by Grant, G 10, 11, and 12.. The determination...
He detains. Vide Debet et Detinet, and Detinuit....
remedies. The name of an action for the recovery of a personal chattel in specie. 3 Bl. Com. 152, 3 Bouv. Inst. n. 3472, 1 J. J. Marsh. 500. 2. This a...
practice. He detained. 2. Where an action of replevin is instituted for goods which the defendant had taken, but which he afterwards restored, it is s...
A devastavit is a mis-management and waste by an executor, administrator, or other trustee of the estate and effects trusted to him, as such, by which...
insurance, contracts. A voluntary departure, without necessity, or any reasonable cause, from the regular and usual course of the voyage insured. 2. F...
contracts. When a plan has been adopted for a building, and in the progress of the work a change has been made from the original plan, the change is c...
practice. The name of an issue sent out of a court of chancery, or one which exercises chancery jurisdiction, to a court of law, to try the validity o...
A devise is a disposition of real property by a persons last will and testament, to tale effect after the testators death. 2. Its form is immaterial, ...
A person to whom a devise has been made. 2. All persons who are in rerum natura, and even embryos, may be devisees, unless excepted by some positive l...
A testator, one, who devises his real estate. 2. As a general rule all persons who. may sell an estate may devise it. The disabilities of devisors may...
Duty. It is used in the statute of 2 Ric. II., c. 3, in the sense of duties or customs....
eccl. law. The transfer, by forfeiture, of a right and power which a person has to another, on account of some act or negligence of the person who is ...
mar. contracts. This contract tales place between the owner of a ship, the captain and the mariners, who agree that the voyage shall be for the benefi...
civil law. A Magistrate at Rome invested with absolute power. His authority over the lives and fortunes of the citizens was without bounds. His office...
practice. Dicta are judicial opinions expressed by the judges on points that do not necessarily arise in the case. 2. Dicta are regarded as of little ...
A day. There are four sorts of days: 1. A natural day, as, the morning and the evening made the first day. 2. An artificial day, that is, from day-bre...
practice. A day or time given to a defendant in a suit, which is in fact a continuance of the cause. It is so called when given before a declaration, ...
Non-judicial days. Days during which courts do not transact any business, as Sunday. The entry of judgment upon such a day is void. W . Jones, 156....
An assembly held by persons having authority to manage the public affairs of the nation. In Germany, such assemblies are known by this name:...
A dispute, contest, disagreement, quarrel....
civil law. The name sometimes given to the Pandects of Justinian, it is so called because this compilation is reduced to order, quasi digestiae. 2. It...
English law. Titles of honor. 2. They are considered as incorporeal hereditaments. 3. The genius of our government forbids their admission into the re...
Literally, this signifies the injury done to a building by taking stones from it, but in its figurative, which is also its technical sense, it means t...
That which is intended for delay. It is a maxim, that delays in law are odious, dilationes in lege sunt odiosae. Plowd. 75....
chancery practice. A dilatory defence is one, the object of which is to dismiss, suspend, or obstruct the suit, without touching the merits, until the...
Those which delay the plaintiffs remedy, by questioning, not the cause of action, but the propriety of the suit, or the mode in which the remedy is so...
contracts. The doing things in proper time. 2. It may be divided into three degrees, namely: ordinary diligence, extraordinary diligence, and slight d...
In Scotland, there are certain forms of law, whereby a creditor endeavors to make good his payment, either by affecting the person of his debtor, or b...
money. A silver coin of the United States, of the value of one-tenth part of a dollar or ten cents. 2. It weighs forty-one and a quarter grains. Of on...
practice. This phrase signifies that the record from an inferior court, sent up to a superior, is incomplete. When this is the case, the parties may s...
An instrument of writing, executed by, a corporation or society, certifying that a certain person therein named is entitled to a certain distinction t...
, The science which treats of the relations and interests of nations with nations....
This name has been given to public officers, who have been commissioned, according to law, to superintend and transact the affairs of the government w...
The art of judging of ancient charters, public documents or diplomas, and discriminating the true from the false. Encyc. Lond. h. t....
Straight forward, not collateral. 2. The direct line of descents for example, is formed by a series of degreesbetween persons who descend one from ano...
The order and government of an institution, the persons who compose the board of directors are jointly called the direction. Direction, in another sen...
practice. That part of a bill in chancery which contains the address of the bill to the court, this must of course, contain the appropriate and techni...
An officer whose duties are prescribed by the Act of Congress of January 18, 18 37, 4 Sharsw. Cont. of Story L. U. S. 2524, as follows: The director s...
That which points out a thing or course of proceeding, for example, a directory law....
canon law. Those bars to a marriage, which, if consummated, render it null. They differ from prohibitive impediments. (q. v.)...
The want of legal capacity to do a thing. 2. Persons may be under disability, 1. To make contracts. 2. To bring actions. 3. - 1. Those who want unders...
The act by which a person who has entered into a voidable contract, as, for example, an infant, does disagree to such contract, and declares he will n...
Literally, to take money out of a purse. Figuratively, to pay out money, to expend money, and some times it signifies to advance money. 2. A master of...
practice. The act by which a person in confinement, under some legal process, or held on an accusation of some crime or misdemeauor, is set at liberty...
The act of making a contract or agreement null. 2. Contracts may be discharged by, 1. Payment. 2. Accord and satisfaction. 8 Com. Dig. 917, 1 Nels. Ab...
practice. The dismissal of a jury who had been charged with the trial of a cause. 2. Questions frequently arise, whether if the court discharge a jury...
Released, or liberated from custody. It is not equivalent to acquitted in a declaration for a malicious prosecution. 2 Yeates, 475 2 Term Rep. 231, 1 ...
This word signifies. to abandon, to renounce, also the act by which the renunciation is made. For example, a disclaimer is the act by which a patentee...