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

Category: D

DOW ABLE

Subject to be charged with dower ; as dowable lands. Entitled or entitling to dower. Thus, a dowable interest in lands is such as entitles the owner to have such lands charged

DR

An abbreviation for “doctor;” also, in commercial usage, for “debtor,” Indicatingthe items or particulars in a bill or in an account-book chargeable against the person towhom the bill is rendered or in

DREIT-DREIT

Droit-droit. Double right. A union of the right of possession and the right of property. 2 Bl. Comm. 199.

DROIT DE BRIS

A right formerly claimed by the lords of the coasts of certain partsof France, to shipwrecks, by which not only the property, but the persons of those whowere cast away, were confiscated

DROP

In English practice. When the members of a court are equally divided on theargument showing cause against a rule nisi, no order Is made, i. e., the rule is neitherdischarged nor made

DRY WEIGHT

In tariff laws, this term docs not mean the weight ofan article after desiccation in a kiln, but its air-dry weight as understood in commerce.U. S. v. Perkins, G6 Fed. 50. 13

DUE CARE

Just, proper, andsufficient care, so far as the circumstances demand it; ths absence of negligence. Thisterm, as usually understood in cases where the gist of the action is the defendant’snegligence, implies not

DUPLEX QUERELA

A double complaint. An ecclesiastical proceeding, which is in thenature of an appeal from an ordinary’s refusal to institute, to his next immediatesuperior; as from a bishop to the archbishop. If the

DURESS OF IMPRISONMENT

The wrongful imprisonment of a person, or the illegal restraintof his liberty, in order to compel him to do some act. 1 Bl. Comm. 130. 131, 130.137; 1 Steph. Comm. 137; 2

DYING WITHOUT ISSUE

At .common law this phrase imports an indefinite failure ofissue, and not a dying without issue surviving at the time of the death of the first taker.But this rule has been changed

DEED OF SEPARATION

An instrument by which, through tlie medium of some third person acting as trustee,provision is made by a husband for separation from his wife and for her separatemaintenance. Whitney v. Whitney, 15

DEFECT OF FORM

An imperfection in the style, manner, arrangement, or non-essentialparts of a legal instrument, plea, indictment, etc., as distinguished from a “defect ofsubstance.” See infra.

DEFENSE

That which is offered and alleged by the party proceeded against in anaction or suit, as a reason in law or fact why the plaintiff should not recover or establishwhat he seeks;

DEFINITIO

Lat. Definition, or, more strictly, limiting or bounding; as In the maximof the civil law: Omnis definitio pcricu- losa est, parum est enim ut non subverti pos- sit,(Dig. 50, 17, 202;) I.

DELECTUS PERSON

Lat. Choice of the person. By this term is understood theright of a partner to exercise his choice and preference as to the admission of any newmembers to the firm, and as

DEMISE AND REDEMISE

In conveyancing. Mutual leases made from one party toanother on each side, of the same land, or something out of it; as when A. grants a lease to B.at a nominal rent,

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