Definitions from Black's Law Dictionary: 2nd Edition and Ballentine's Law Dictionary as are available for each term in each dictionary.
  • Ballentine's Law Dictionary

    An insufficiency.

  • Black's Law Dictionary: 2nd Edition

    The want or absence of some legal requisite; deficiency; imperfection; insufficiency. Haney-Campbell Co. v. Creamery Ass'n, 119 Iowa, 188, 93 N. W. 297; Bllven v. Sioux City, 85 Iowa, 346, 52 N. W. 246.
    —Defect of form. An imperfection in the style, manner, arrangement, or non-essential parts of a legal instrument, plea, indictment, etc., as distinguished from a "defect of substance." See infra.
    —Defect of parties. In pleading and practice. Insufficiency of the parties before a court in any given proceeding to give it jurisdiction and authority to decide the controversy, arising from the omission or fail-us to join plaintiffs or defendants who should have been brought in; never applied to a superfluity of parties or the improper addition of plaintiffs or defendants. Mader v. Plano Mfg. Co., 17 S. D. 553, 07 N. W. 848; Railroad Co., v. Schuyler, 17 N. Y. 608; Palmer v. Davis, 28 N. Y. 245; Beach v. Water Go., 25 Mont. 379, 65 Pac. Ill; Weatherby v. Meiklejohn, 6i Wis. 67, 2p N. W. 374.
    —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 N. J. Law, 482; Flexner v. Dickerson. 65 Ala. 132.