Decree

In Practice. The judgment of sentence of a court of equity, or of admiralty. It corresponds to the judgment of a court of law. It is either interlocutory or final. The former is given on some plea or issue arising in the cause which does not decide the main question; the latter settles the matter in dispute; and a final decree has the same ef Tect as a judgment at law. 2 Madd. 462; 1 Chanc. Cas. 27; 2 Vern. 89; 4 Brown, Pari. Cas. 287. See 7 Viner, Abr. 394; 7 Comyn. Dig. 445; 1 Belt, Supp. to VeS. 223; Bouv. Inst. Index. In Legislation. In some countries, as in France, some acts of the legislature or of the sovereign, which have the force of law, are called "decrees"; as, the Berlin ana Milan decrees. In Scotch Law. A final judgment or sentence of court, by which the question at issue between the parties is decided.

In practice. The judgment of a court of equity or admiralty, answering to the judgment of a court of common law. A decree in equity is a sentence or order of the court, pronounced on hearing and understanding all the points in issue, and determining the right of all the parties to the suit, according to equity and good conscience. 2 Daniell, Ch. Pr. 986; Wooster v. Handy (C. C.) 23 Fed. 56; Rowley v. Van Benthuysen, 16 Wend. (N. Y.) 383; Vance v. Rockwell, 3 Co.lo. 248; Halbert v. Alford (Tex.) 16 S. W. 814. Decree is the judgment of a court of equity, and is, to most intents and purposes, the same as a judgment of a court of common law. A decree, as distinguished from an order, is final, and is made at the hearing of the cause, whereas an older is interlocutory, and is made on motion or petition. Wherever an order may, in a certain event resulting from the direction contained in the order, lead to the termination of the suit in like manner as a decree made at the hearing, it is called a "decretal order." Brown.

In French law. Co.rtain acts of the legislature or of the sovereign which have the force of law are called "decrees;" as the Berlin and Milan decrees.

In Scotch law. A final judgment or sentence of court by which the question at issue between the parties Is decided. Classification. Decrees in equity are either final or interlocutory. A final decree is one which fully and finally disposes of the whole litigation, determining all questions raised by the case, and leaving nothing that requires further judicial action. Travis v. Waters, 12 Johns. (N. Y.) 508; Mills v. Hoag, 7 Paige (N. Y.) 19, 31 Am. Dee, 271; Core v. Strlckler, 24 W. Va. 689; Ex parte Crittenden. 10 Ark. 339. An interlocutory decree is a provisional or preliminary decree, which is not final and does not determine the suit, but directs some further proceedings preparatory to the final decree. A decree pronounced for the purpose of ascertaining matter of law or fact preparatory to a final decree. 1 Barb. Ch. Fr. 326, 327. Teaff v. Hewitt, 1 Ohio St. 520, 59 Am. Dec. 634; Wooster v. Handy (C. C.) 23 Fed. 56; Beebe-v. Russell, 19 How. 283, 15 L. Ed. 668; Jenkins v. Wild, 14 Wend. (N. Y.) 543.

— Consent decree. One entered by consent of the parties; it is not properly a judicial sentence, but la in the nature of a solemn contract or agreement of the parties, made under the sanction of the court, and in effect an admission by them that the decree ik a just determination of their rights upon the reni facts of the case, if such facts bad been proved. Allen v. Richardson. 9 Rich. Eq. (S. C.) 53; Kelly v. Milan (a C.) 21 Fed. 842; Schmidt v. Mining Co.., 28 Or. 9, 40 Pac/ 1014, 52 Am. St. Rep. 759.

— Decree dative. In Scotch law. An order of a probate court appointing an administrator.

— Decree nisi. A provisional decree, which will be made absolute on motion unless cause be shown against it. In English practice, it is the order made by the court for divorce, on satisfactory proof being given in support of a petition for dissolution of marriage ; it remnins imperfect for at least six months, (which period may be shortened by the court down to three,) and then, unless sufficient cause be shown, it is made absolute on motion, and the dissolution takes effect, subject to appeal. Wharton.

— Decree of constitution. In Scotch practice. A decree by which a debt is ascertained. Bell. In technical language, a decree which is requisite to found a title in the. person of the creditor, whether that necessity arises from the death of the debtor or of the creditor. Id.

— Decree of forthcoming. In Scotch law. A decree made after an arrestment (g. v.) ordering the debt to be paid or the effects of the debtor to be delivered to the arresting creditor. Bell.

— Decree of insolvency. One entered in a probate court, declaring the estate in question to be insolvent, that is, that the assets are not sufficient to pay the debts in full. Bush v. Coleman, 12l Ala. 548, 25 South. 569; Walker v. Newton, 85 Me. 458, 27 Atl. 347.

— Decree of locality. In Scotch law. The decree of a teind court allocating stipend upon different heritors. It is equivnient to the apportionment of a tithe rent-charge.

— Decree of modification. In Scotch law. A decree of the teind court modifying or fixing a stipend.

— Decree of nnllity. One entered in a suit for the annullment of a marriage, and adjudging the marriage to have been null and void ab initio See Nullity.

— Decree of registration. In Scotch law. A proceeding giving immediate execution to the creditor; similar to a warrant of attorney to confess judgment.

— Decree pro confesso. One entered in a court of equity in favor of the complainant where the defendant has made no answer to the bill and its allegations are consequently taken "as confessed." Ohio Cent. R. Co. v. Central Trust Co. , 133 U. S. 83, 10 Sup. Ct. 235, 33 In Ed. 561.

The judgment of a court of equity or admiralty, answering to the judgment of a court of common law. It is final where it disposes of the suit; interlocutory whex-e it disposes of some pleading or of some inconclusive issue, but not of the main question.

In Soots law. The final sentence of a court. Decree of coustitntion: a decree by which a debt is ascertained; a decree requisite to found a title in the person of the creditor, whether that necessity arises from the death of the debtor or of the creditor. Decree of forthcoming': the adjudication of the court, after process of arrestment, which entitles the creditor to demand the sum arrested, to be applied for payment of the debt on which thean-estment and forthcoming proceeded, v. Arrestment; Forthcoming.

In the civil law. The final sentence of a court In the canon law. The first of the two main divisions of the Corpus Juris Canonici.

In practice. The judgment of a court of equity or admiralty, answering to the judgment of a court of common law. A decree in equity is a sentence or order of the court, pronounced on hearing and understanding all the points in issue, and determining the right of all the parties to the suit, according to equity and good conscience. 2 Daniell, Ch. Pr. 986. Decree is the judgment of a court of equity, and is, to most intents and purposes, the same as a judgment of a court of common law. A decree, as distinguished from an order, is final, and is made at the hearing of the cause, whereas an order is interlocutory, and is made on motion or petition. Wherever an order may, in a certain event resulting from the direction contained in the order, lead to the termination of the suit in like manner as a decree made at the hearing, it is called a "decretal order." Brown. It is either interlocutory or final; the former where it passes upon some plea or issue arising in the cause, but not involving a definitive adjudication of the main question; the latter where it finally determines the whole matter in dispute.

In French law. Certain acts of the legislature or of the sovereign which have the force of law are called "decrees," as the Berlin and Milan decrees.

In Scotch law. A final judgment or sentence of court by which the question at issue between the parties is decided.

5 The. decision, judgment, or sentence of a court of equity, admiralty, probate, or divorce.iurisdiction. A sentence or order of a court of equity, pronounced on hearing and understanding all the points in issue, and determining the right of all the parties to the suit, according to equity and good conscience.* A judgtent in a suit, equitable in nature, rendered by a court exercising equitable powers.' ' ' United States v. Whittier, 5 Dill. 39-11 (1878), cases, Dillon, Cir. J. = Ibid., 4.5, Treat, J. Note by Francis Wharton, Bates's Case, 10 F. E. 07- 100, cases. See also note to Speiden v. State, 3 Tex. Ap. 1 6 (1871), in 30 Am. Eep. 129, cases; Saunders v. People, 38 Mich. 222 (1878); People v. Collins, 53 Cal. 185 (1878); State u. Jansen, 22 Kan. 498 (1879), cases; Commonwealth v. Cohen, 127 Mass. 282 (1879); Wright 7). State, 7 Tex. Ap. 574 (1880); People v. Noeike, 94 N. T. 137 (1883); 19 P. E. 39; 1 Bish. Cr. L. § 262; 25 Alb. Law J. 184 (1882); 15 Irish L. T. 683. ' United States v. Eapp, 30 F. E. 822 (1887), Neuman, J. ' ' E. deeretum: de cemere, to decide literally, to separate. 2 Daniel, Ch. Pr. 986. Like a judgment at law, it is the sentence pronounced by the court upon the matter of right between the parties, and is founded on the pleadings and proofs in the cause. 1 See Judgment. A draft of a decree made by the judge for convenience, that counsel might see in a general way what decree he was prepared to enter, cannot be considered a decree; and in such case the word " decree" on the clerk's docket cannot amount to an entry of the paper as a decree. The word may mean "decree to be entered," or "stands for decree," as well as decree " entered." Decrees in equity operate only upon the person. Decretal. In the nature of a final decree. When an " order " (which is interlocutory, and made on motion or petition), in an event resulting from a direction contained in it, may lead to the termination of the suit in like manner as a decree at the hearing, it is calleij a " decretal " order.* Interlocutory decree. A decree which directs an inquiry as to a matter of law or fact preparatory to a final decision. Final decree. A decree which finally decides and disposes of the merits of the whole cause, and reserves no further question or direction for the future judgment of the court, so that it will not be necessary to bring the cause again before the court for decision.5 A decree is " interlocutory " when it finds the general equities, and the cause is retained for reference, feigned issue, or consideration, to ascertain some matter of fact or law when it again comes under the consideration of the court for final disposition.' A decree is " interlocutory " which leaves anything to be done to afford completely the relief contemplated. Such a decree may always, in a pending cause, on a rehearing, be altered at the sound discretion of the chancellor, however great the lapse of time.' A decree is "final'* which finally disposes of the subject of litigation so far as the court making it is concerned.. It is the last, decree necessary to give the parties the full and entire benefit of the judgment... A decree is not the less final because some further order may become necessary to carry it into effect." When'the decree decides the right to the property in contest, and directs it to be delivered up, or to be 1 Eowley v. Van Benthuysen, 16 Wend. 383 (1836). ''Fairbanks v. Amoskeag Nat. Bank, 32 F. E. 573 (1887), Colt, J. = Wilson V. Joseph, 107 Ind. 491 (1886), cases: 26 Am. Law Eeg. 48 (1887); ib. 50-54, cases. * [Brown, Law Diet.: 22 Mich. 201. '[Beebe v. Eussell, 19 How. 285 (1856), Wayne, J.; Whiting V. Bank of United States, 13 Pet. 15 (1839). "Kelley v. Stanberry, 13 Ohio, 421 (1844). 'Wright V. Strother, 76 Va. 857, 869 (1882); ib. 69, 163; 77 id. 806. sold, 01' that the defendant pay a sum of money to the complainant, and the complainant is entitled to have such decree carried immediately into execution, the decree must be regarded as a "final" one to that extent.! "The current of decisions fully sustains the rule laid down by the late Chief Justice," in the foregoing case. It is not unusual in courts of equity to enter decrees determining the rights of parties, and the extent of the liability of one party to another, giving at the same time a right to apply to the court for modification and directions. It has never been doubted that such decrees are "final." They are all that is necessary to give to the successful party the full benefit of the judgment.' A "final decree" conclusively settles all the legal rights of the parties involved in the pleadings.' See further Final, 3. A final decree in equity may be modified or set aside: by an appeal within the time prescribed by law; by a bill of review, filed within such time, charging error apparent upon the record; and by an original bill charging fraud or newly discovered evidence.' Decrees are also classified as: decrees by default, against parties who do not appear, in which case the plaintiff takes such decree as he can stand by; &ecrees by consent, in which the form depends upon agreement; decrees pro confesso, by admission, in which the form depends upon the case made by the bill — as see below; and decrees on the hearing, which vary with the nature of the suit and the relief prayed for. A bill to " suspend a decree " seeks to avoid or suspend the operation of the decree. A bill to " carry a decree into execution " lies when, from any cause, without further aid, a decree cannot be executed. A decree taldng a hill pro confesso, or in default of an answer, is intended to prepare the case for final decree. Its effect is lilte that of a default at common law, by which the defendant is deemed to have admitted all that is well pleaded in the declaration. The matters in the biU do not pass in rem judicatam untilForgay r. Conrad, 6 How. 204 (1848), Taney, C. J.; Winthrop Iron Co. v. Meeker, 109 U. S. 183 (1883); District of Columbia v. Washington Market Co., 108 id. 842 (1883); Parsons v. Robinson, 122 id. 114-16 (1887). "Thomson v. Deaa, 7 Wall. 346 (ISUS), cases. Chase, Chief Justice. s Stovall V. Banks, 10 WaU. 587 (1870), Strong, J.; 2 Daniel, Ch. Pr. 641. French v. Shoemaker, 12 Wall. 98 (1870). See also 70 Ala. 571; 34 Ark. 130; 9 Fla. 47; 105 111. 26; 3 Md. 505; 22 Mich. 201; 2 Miss. 326; 10 Nev. 405: 12 Johns. 508; 14 Wend. 542; 1 Ohio St. 520; 1 Heisk. 526; 1 Wash. T. 174. 6 Huntington v. Little Eock, &o. E. Co., 3 Mo Crary, the final decree is made— which maybe against the plaintiff." The court will decree what is proper upon the statements in the bill assumed to be true." When a bill contains a joint charge against several defendants one of whom makes default, the correct mode of proceeding is to enter a default and a formal decree pro confesso against such one, and proceed with the cause upon the answers of the other defendants. The defaulting defendant has lost his standing in court: he is not entitled to service of noticesj nor to adduce evidence, nor to be heard at the final hearing — he cannot appear in any way. If the suit should be decided against the complainant on the merits, the bill will be dismissed as to all the defendants alike — the defaulter included; but if in the complainant's favor he will be entitled to a final decree against all. A final decree on the merits against the defaulting defendant alone, pending the continuance of the cause, Yould be incongruous and illegal." A final decree affirmed by the highest corni; is conclusive as between the parties,' and as binding as a judgment at law.' When there are no words of qualification indicating a privilege to take further proceedings, it w Ul be presumed to have been rendered upon the merits." The language of a decree is construed with reference to the issue put forward by the prayer for relief and the other pleadings, and which these show it was meant to decide.' See Equity; Eelief, 2; Review, 2; Term, 4.

Decreet, sc. Decania, decanatus: his jurisdiction, a tithing. I. To die. Decedens,;., Decedent: a judicial writ in the C. B. brought to recover action by default of the tenant through colwrit to recover damages for deceit by way or fraudulent misrepresentation. 3. The in trespass on the case. such.) A W'rit to summon ten jurors to decennary, a tithing. Decennarius: a deciner. decipientibus, jura subveuiunt, I. The laws not those deceiving. becoming. (Ten times as much.) A species of popular who had been bribed, to recover ten times bribe; also against the embraceour. 1. Tenths; the tenth part of the profit formerly claimed by the Pope, now part of the Tithes. dozyner, etc. One of a tithing, a hund-borow. first pleading of the plaintiff in a civil action statement of his case; formerly, when oral, Declaration of intention: a declaration before a court of record that he intends to the United States. Declaration of trust: instrument stating, that the donor grants, or certain property in trust for certain purposes; being made or assented to by the donor file, and serve a declaration. To state sol- The plea of sanctuary, or benefit of clergy. A Scotch plea to the jurisdiction. to, ibid. The judgment of a court of equity or addisposes not of the main question, but of some plea or issue arising in the cause. Decree nisi: one which will be made absolute on motion, unless some cause to prevent intervene. Decreet absolvitor, a decree for the defendant; coudemnator, for the plaintiff.

[Lat. decretum.] In practice. The judgment of a court of equity or admiralty, answering to the judgment of a court of common law. A decree in equity is a sentence or order of the court, pronounced on hearing and understanding all the points in issue, and determining the right of all the parties to the suit, according to equity and good conscience. 2 Daniel's Chanc. Pr. 1192.

In the canon law. The first of the two great divisions of the Corpus Juris Canonici; more commonly known as Gratian's decree, (decretum Gratiani, q. v.)

In the civil law. See Decretum.

practice, is the judgment or sentence ofa court of equity. It is either interlocutory or final. The former is given on some plea, or issue arising in the cause, which does not decide the main question; the latter settles the matter ‘in dispute, and a final decree, has the same effect as a judgment at law. 2 Madd. Ch. 462; 1 Chan. Cas. 27; 2 Vern. 89; 4 Bro. P. C. 287. Vide 7 Vin. Ab. 394; 7 Com. Dig. 445; 1 Supp. to Ves. Jr. 223. -DECREE, legislation. In some countries, as in France, some acts of the legislature, or by the sovereign, which have the force of law, are called decrees; as, the Berlin and Milan decrees... DECRETALS, eccles. law. The decretals were letters written by the sovereign pontifis, who answered questions propounded to them by the bishops, and even by private indiviwere called decretals, because they had the. force of law or @ecrees in the church.