Debet

I. He owes; he ought Debet esse flnls litinm: et detinet: he owes and nal writ, and now, in tion of debt, brought by personally gave the credit, the debt, or against his Debet et solet: he ought importing that the action withheld. Debet quis one] ought to be subject Debile fnndamentum fallit work.

He owes; from debere: de habere, to have a thing of some one. Compare Assumpsit. Deta.et et detinet. He owes and withholds. The form of the writ of debt is sometimes in the debet and detinet, and sometimes in the detinet only: that is, the writ states, either that the defendant owes and unjustly detains the debt or thing in question, or only that he unjustly detains it. The writ is brought in the debet as well as in the detinet, when sued by one of the original contracting parties who personally 1 [Koenig v. Nott, S HUt. 389 (N. Y., 1S59), Daly, F. J.; 8 Abb. Pr., o. s., 389. ' Act of Congress, 2 March, 1T99, s. 80. " [Mozley & Whiteley's Law Diet. * [Brown's Law Diet.] ' British India Steam Navigation Co. v. Commissioners of Internal Revenue, 44 L. T. 378 (1^1), Grove, J. See also Be Rogers' Trusts, 1 Drew. & S. 341 (1860). gave the credit, against the other who personally incurred the debt, or against his heivs, if they ai-e bound to the payment; as, by the obligee against the obligor. But if brought by or against an executor for a debt due to or from the testator, this, not being his own debt, shall be sued for in the detinet only. So, also, if the action be for goods, or corn, or a horse, the writ shall be in the detinet only, for nothing but a sum of money, for which I (or my ancestor in my name) have personally contracted, is properly considered my debt.' Debit. He owes. See under Debt, 2. Debituin. A thing due or owing; an obligation; a debt, g. v. Debitum in praesenti, solvendum in futuro. An obligation existing in the present, dischargeable in the future. Describes any class of obligations complete at the present day, though payable in the future.' Debitum sine brevi. Debt without a writ or declaration. Written also debitum, and debit, sans breve; and abbreviated d. s. b. 1. When an action at common law was begun by original bill, the allegations In which resembled the allegations in a modern declai-ation, the action was said to be by bill, or by bill without a writ,— other actions being founded upon an original writ. 3. In the practice of several States, a debt confessed by warrant of attorney and entered of record, either with or without a declaration accompanying it. See further Attohnet, Warrant of. Nihil, or nil, debet. He owes nothing. The plea which forms the general issue in an action of debt upon a parol contract.^

Lat. [from debere, to owe.] He owes; he ought. See infra.