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.
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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.
Lat. Defect; default; want; imperfection; disqualification.
Failure of the blood, i. e., failure or want of issue.
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.
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.
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
(Fr.) To deny; to defend; to conduct a suit for a defendant; to forbid; to prevent; to protect.
To offer duel or combat as a legal trial and appeal. Abolished by 59 Geo. III.
To wage law; a denial of an accusation upou oath. See WAGEU OF LAW.
He defends the force and injury. Fleta, lib. 5, c. 39,
L. Fr. A defender or defendant; the party accused in an appeal. Britt. c. 22.
The act of lending money on usury.
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.
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;
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
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.
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.
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.
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
A false or fictitious defense, interposed in bad faith, and manifestly untrue, insufficient, or irrelevant on its face.