Your Free Online Legal Dictionary • Featuring Black’s Law Dictionary, 2nd Ed.

Category: D

DISAFFIRM

To repudiate; to revoke a consent once given ; to recall an affirmance.To refuse one’s subsequent sanction to a former act; to disclaim the intention of beingbound by an antecedeut transaction.

DISCOMMON

To deprive commonable lands of their commonable quality, by inclosing and appropriating or improving them.

DISFRANCHISEMENT

The act of disfranchising. The act of depriving a member of acorporation of his right as such, by expulsion. 1 Bouv. Inst. no. 102. Richards v.Clarksburg, 30 W. Va. 401, 4 S.

DISMISS

To send away; to discharge; to cause to be removed. To dismiss an actionor suit is to send it out of court without any further consideration or hearing. Bos- ley v.Bruner, 24

DISPATCH, or DESPATCH

A message, letter, or order sent with speed on affairs ofstate; a telegraphic message.In maritime law. Diligence, due activity, or proper speed In the discharge of a cargo;the opposite of delay. Terjesen

DISPUTE

A conflict or controversy; a conflict of claims or rights; an assertion of aright, claim, or demand on one side, met by contrary claims or allegations on the other.Slaven v. Wheeler, 58

DISSENTERS

Protestant seceders from the established church of England. They areof many denominations, principally Presbyterians, Independents, Methodists, and Baptists; but, as to church government, the Baptists are Independents.

DISTRESS INFINITE

One that has no bounds with regard to its quantity, and may he repeatedfrom time to time, until the stubbornness of the party is conquered. Such aredistresses for fealty or suit of

DISTRINGAS NUPER VICE COMITEM

A writ to distrain the goods of one wholately filled the office of sheriff, to compel him to do some act which he ought to havedone before leaving the office; as to

DIVES

In the practice of the English chancery division, “dives costs” are costs onthe ordinary scale, as opposed to the costs formerly allowed to a successful pauper suingor defending in forma pauperis, and

DIXIEME

Fr. Tenth; the tenth part Ord. Mar. liv. 1, tit. 1, art. 9.In old French law. An income tax payable to the crown. Steph. Lect. 359.

DOCUMENT

An instrument on which is recorded, by means of letters, figures, or marks, matter which may be evidentially used. In this sense, the term “document” applies to writings; to words printed, lithographed,

DOMICILE

That place in which a man has voluntarily fixed the habitation of himself and family, not for a mere special or temporary purpose, but with the present intention of making a permanent

DOMINION

Ownership, or right to property. 2 Bl. Comm. 1. Title to an article of property which arises from the power of disposition and the right of claiming it Bilker v. Westcott, 73

DOMNS PROCERUM

The house of lords, abbreviated into Bom. Proc., or D. P.Domus sna cuique est tutissimnm re- fugium. To every man his own house is hissafest refuge. 5 Coke, 916; 11 Coke, 82;

DOOR

The place of usual entrance in a house, or into a room in the house. State v. McBeth, 49 Kan. 584, 31 Pac. 145.

DOTE UNDE NIHIL HABET

A writ which lies for a widow to whom no dower hasbeen assigned. 3 Bl. Comm. 182. By 23 & 24 Vict. c. 120, an ordinary actioncommenced by writ of summons lias

DOUBLE VOUCHER

This was when a common recovery was had, and an estate of freehold was first conveyed to anyindifferent person against whom the prcccipe was brought, and then he vouched thetenant in tail,

DOWER EX ASSENSU PATRIS

Dower by the father’s assent. A species of dower ad ostium ecelcsiw, madewhen the husband’s father was alive, and the son, by his consent expressly given,endowed his wife with parcel of his

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