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

DEFENDOUR

L. Fr. A defender or defendant; the party accused in an appeal. Britt. c. 22.

DEFENSA

In old English law. A park or place fenced in for deer, and defended as a property and peculiar for that use and service. Cowell.

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;

EQUITABLE DEFENSE

In English practice, a defense to an action on grounds which, priorto tlie passage of the common-law procedure act. (17 & 18 Vict c. 125,) would havebeen cognizable only in a court

FRIVOLOUS DEFENSE

One which at first glance can be seen to be merely pretensive, setting up some ground which cannotbe sustained by argument. Dominion Nat. Bank v. Olympia Cotton Mills (C. C.) 12S Fed.

MERITORIOUS DEFENSE

One going to the merits, substance, or essentials of the case, as distinguished from dilatory or technical objections. Cooper v. Lumber Co.. 01 Ark. 36. 31 S. W. 981.

PEREMPTORY DEFENSE

A defense which insists that the plaintiff never had the right to institute the suit, or that, if he had, the original rightis extinguished or determined.

PRETERMITTED DEFENSE

One which was available to a party and of which he might have had the benefit if he had pleaded it in due season, but which cannot afterwards be heard as a

SHAM DEFENSE

A false or fictitious defense, interposed in bad faith, and manifestly untrue, insufficient, or irrelevant on its face.

DEFENSIVA

In old English law. A lord or earl of the marches, who was the warden and defender of his country. Cowell.

DEFENSIVE ALLEGATION

In English ecclesiastical law. A species of pleading, wherethe defendant, instead of denying the plaintiff’s charge uj>on oath, has any circumstancesto offer in his defense. This entitles him, in his turn, to

DEFENSIVE WAR

A war in defense of, or for the protection of, national rights. Itmay be defensive iu its principles, though offensive in its operations. 1 Kent, Comm. 50, note.

DEFENSO

That part of any open field or place that was allotted for corn or hay, andupon which there was no common or feeding, was anciently said to be in defenso; so ofany

DEFENSOR

In the civil law. A defender; one who assumed the defense of another’scase in court. Also an advocate. A tutor or curator.In canon law. The advocate or patron of a church. An

DEFENSOR CIVITATIS

Defender or protector of a city or municipality. An oflicer under theRoman empire, whose duty it was to protect the people against the injustice of themagistrates. the insolence of the subaltern officers,

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