Archive | D RSS feed for this section

DEBITA LAICORUM

L. Lat. In old English law. Debts of the laity, or of lay persons.
Debts recoverable in the civil courts were anciently so called. Crabb. Eng. Law, 107.

Comments { 0 }

DEBTOR

One who owes a debt; he who may be compelled to pay a claim or demand.

Comments { 0 }

DECEPTIS NON DECIPIENTIBUS, JURA SUB- VENIUNT

The laws help persons who are deceived, not those deceiving. Tray. Lat. Max-. 149.

Comments { 0 }

DECLARANT

A person who makes a declaration.

Comments { 0 }

DECLARE

To solemnly assert a fact before witnesses, e. g., where a testator declares
a paper signed by him to be his last will aud testament. Lane v. Lane, 95 N. Y. 498.
This also is one of the words customarily used in the promise given by a person who
is affirmed as a witness.

Comments { 0 }

DECREE OF NUDITY

One entered in a suit for the annuilment of a marriage, and adjudging the marriage to have been null and void ab
initio. See NUIXITY.

Comments { 0 }

DECRETUM

In the civil law. A species of imperial constitution, being a judgment or
sentence given by the emperor upon hearing of a cause, (quod impcrator cog- noscens decrevit.) Inst. 1, 2, 6.
In canon law. Au ecclesiastical law, in contradistinction to a secular law, (lex.) 1
Mackeld. Civil Law, p. 81,

Comments { 0 }

DEDUCTION FOR NEW

In marine insurance. An allowance or drawback credited to
the insurers on the cost of repairing a vessel for damage arising from the perils of the
sea insured against. This allowance is usually one-third, and is made on the theory that
the parts restored with new materials are better, in that proportion than they were
before the damage.

Comments { 0 }

D C

An abbreviation standing either for “District Court,” or “District of Columbia.”

Comments { 0 }

DAMAGE-DEER

A fee assessed of the tenth part in the common pleas, and the twentieth part in the queen’s bench and exchequer, out of all damages exceeding five marks recovered in those courts, In actions upon the case, covenant, trespass, etc., wherein the damages were uncertain ; which the plaintiff was obliged to pay to the prothonotary or the officer of the court wherein he recovered, before he could have execution for the damages. This was originally a gratuity given to the prothonotaries and their clerks for drawing special writs and pleadings; but it was taken away by statute, since which, if any officer in these courts took any money in the name of damage-cleer, or anything in lieu thereof, he forfeited treble the value. Wharton.

Comments { 0 }

DAMNUM ABSQUE INJURIA

Loss, hurt, or harm without injury in the legal sense, that is, without such an invasion of rights as is redressible by an action. A loss which does not give rise to an action of damages against the person causing it; as where a person blocks up the windows of a new house overlooking his land, or injures a person’s trade by setting up an establishment of the same kind in the neighborhood. Broom, Com. Law, 75; Marbury v. Madison, 1 Cranch, 164, 2 L. Ed. 60; West Virginia Transp. Co. v. Standard Oil Co., 50 W. Va. 611, 40 S. E. 591, 56 L. R. A. 804, 88 Am. St. Rep. 895; Irwin v. Askew, 74 Ga. 581; Chase v. Silverstone, 62 Me. 175, 16 Am. Rep. 419; Lumber Co. v. U. S., 69 Fed. 32

Comments { 0 }

DARREIN CONTINUANCE

The last continuance

Comments { 0 }

DAY CERTAIN

A fixed or appointed day; a specified particular day; a day in term. Regina v. Con.vers, 8 Q. B. 991.

Comments { 0 }

DE aiSTIMATO

In Roman law. One of the innominate contracts, and, in effect, a sale of land or goods at a price fixed, (wsti- mato,) and guarantied by some third party, who undertook to find a purchaser.

Comments { 0 }

DE AVERIIS CAPTIS IN WITHER NAMIUM

Writ for taking cattle in withernam. A writ which lay where the sheriff returned to a plurics writ of replevin that the cattle or goods, etc., were eloinetl, etc.; by which he was commanded to take the cattle of the defendant in withernam, (or reprisal,) and detain them until he could replevy the other cattle. Reg. Orig. 82; Fitzh. Nat. Brev. 73, E. F. See WITHERNAM.

Comments { 0 }

DE BONO GESTU

For good behavior; for good abearance.

Comments { 0 }

DE CLERICO CONVICTO DELIB- ERANDO

See CLERICO CONVICTO, etc.

Comments { 0 }

DE CORRODIO HABENDO

Writ for having a corody. A writ to exact a eonxly from a religious house. Reg. Orig. 264, Fitzh. Nat. Brev. 230. See CORODY.

Comments { 0 }

DE DOTE UNDE NIHIL HABET

A writ of dower which lay for a widow where no part of her dower had been assigned to her. It is now much disused; but a form closely resembling it is still sometimes used in the United States. 4 Kent Comm. 03; Stearns, Real Act 302; 1 Washb. Real Prop. 230.

Comments { 0 }

DE EXECUTIONE JUDICII

A writ directed to a sheriff or bailiff, commanding him to do execution upon a judgment. Reg. Orig. 18; Fitzh. Nat Brev. 20.

Comments { 0 }