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

DEFAMATION

The taking from one’s reputation. The offense of injuring a person’s character, fame, or reputation by false and malicious statements. The term seems to be comprehensive of both libel and slander. Printing

DEFAULT

The omission or failure to fulfill a duty, observe a promise, discharge an obligation, or perform an agreement. State v. Moores, 52 Neb. 770, 73 N. W. 299;Osborn v. Rogers, 49 Hun,

DEFAULTER

One who makes default. One who misappropriates money held by him in an official or fiduciary character, or fails toaccount for such money.

DEFEASANCE

An instrument which defeats the force or operation of some otherdeed or estate. That which is in the same deed is called a “condition;” and that which isin another deed is a

DEFEASIBLE

Subject .to be defeated, annulled, revoked, or undone upon the happeningof a future event or the performance of a condition subsequent, or by a conditionallimitation. Usually spoken of estates and interests in

DEFEASIBLE FEE

An estate in fee but which is liable to be defeated by some futurecontingency; e. g., a vested remainder which might be defeated by the death of theremainderman he- fore the time

DEFEASIBLE TITLE

One that is liable to be annulled or made void, but not one that isalready void or an absolute nullity. Elder v. Schumacher. 18 Colo. 433, 33 Pac. 175.

DEFEAT

To prevent, frustrate, or circumvent; as in the phrase “hinder, delay, or defeat creditors.” Coleman v. Walker, 3 Mete. (Ivy.) 05. 77 Am. Dec. 103; Walker v.Sayers, 5 Rush (Ivy.) 581.To overcome

DEFECT

The want or absence of some legal requisite; deficiency; Imperfection ; insufficiency.Hauey-Campbell Co. v. Creamery Ass’n, 119 Iowa, 188, 93 N. W. 297; Bliven v. Sioux City, 85 Iowa, 346, 52 N.

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.

DEFECT OF PARTIES

In pleading and practice. Insufficiency of theparties before a court in any given proceeding to give it jurisdiction and authority todecide the controversy, arising from the omission or fail- us to join

DEFECT OF SUBSTANCE

An imperfection in the body or substantive part of a legal instrument, plea, indictment, etc., consisting in the omission of something which is essential to be set forth. State v. Startup, 39

DEFECTIVE

Lacking in some particular which is essential to the completeness, legalsufficiency, or security of the object spoken of; as, a “defective” highway or bridge,(Munson v. Derby, 37 Conn. 310, 9 Am. Rep.

DEFECTUS

Lat. Defect; default; want; imperfection; disqualification.

DEFEND

To prohibit or forbid. To deny. To contest and endeavor to defeat a claimor demand made against one in a court of justice. Boehmer v. Irrigation I)ist., 117 Cal.19, 48 Pac. 908.

DEFENDANT

The person defending or denying; the party against whom relief orrecovery is sought in an action or suit. Jew- ett Car Co. v. lvirkpatrick Const. Co. (C. C.)107 Fed. 022; Brower v.

DEFENDEMUS

Lat. A word used ill grants and donations, which binds the donor andhis heirs to defend the donee, if any one go about to lay any incumbrance oil the thinggiven other than

DEFENDER

(Fr.) To deny; to defend; to conduct a suit for a defendant; to forbid; to prevent; to protect.

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