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

Category: D

DUPLICITY

The technical fault, In pleading, of uniting two or more causes of actionin one count in a writ, or two or more grounds of defense in one plea, or two or morebreaches

DUTIES

In its most usual signification this word is the synonym of imposts or customs; but it is sometimes used in a broader sense, as including all manner of taxes,charges, or governmental impositions.

DYVOUR’S HABIT

In Scotch law. A habit which debtors who are set free on a ccssiobonorum are obliged to wear, unless in the summons and process of ccssio it be libeled,PUB tained, and proved

D WAYLEAVE

D WAYLEAVE Is a right of way over or ” through land for the carriage of minerals froma mine or quarry. It is an easement, being a species of the class called

D WHARF

A perpendicular bank or mound “of timber, or stone and earth, raised on theshore of a harbor, river, canal, etc., or extending some distance into the water, for theconvenience of lading and

D RECESS

In the practice of the courts, ” a recess is a short interval or period of time during which the court suspends business, but without adjourning. See In re Gannon, 69 Cal.

DURANTE MINORI CCTATE

Where an infant is made executor; in which case administration with will annexed is granted to another, during the minority of such executor, and until he shall attain his lawful age to

DOMESTIC ADMINISTRATOR

One appointed at t he place of the domicile of the decedent; distinguished from a foreign or an ancillary administrator.

DUTCH AUCTION

A method of sale by auction which consists in the public offer of the property at a price beyond its value, and then gradually lowering the price until some one becomes the

DOMESTIC AND FOREIGN

With reference to the laws and the courts of any given state, a “domestic” corporation is one created by, or organized under, the laws of that state; a “foreign” corporation is one

DOUBLE COSTS

The ordinary single costs of suit, and one-half of that amount in addition. 2 Tidd, Pr. 9S7. “Double” is not used here in its ordinary sense of “twice” the amount. Van Aulen

DE FACTO COURT

One established, organized, and exercising its judicial functions under authority of a statute apparently valid, though such statute may be in fact unconstitutional and may be afterwards so adjudged; or a court

DE BONIS NON CUM TESTAMENTO ANNEXO

That which is granted when an executor dies leaving a part of the estate unadministered. Conklin v. Egerton, 21 Wend. (N. Y.) 430; Clemens v. Walker, 40 Ala. 1S9.

DURANTE ABSENTIA

That which is granted during the absence of the executor and until he has proved the will.

Dementia

A form of insanity resulting from degeneration or disorder of the brain (ideo- pathic or traumatic, but not congenital) and characterized by general mental weakness and decrepitude, forgetfuiness, loss of coherence, and

DAMNUM FATALE

Fatal damage; damage from fate: loss happening from a cause beyond human control, (quod ex fato contingit,) or an act of God, and for which bailees are not liable ; such as

DARRAIGN

To clear a legal account; to answer an accusation; to settle a controversy.

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