Diminution

Incompleteuess. <A word signifying that the record sent up from an inferior to a superior court for review is incomplete, or not fully certified. In such case the party may suggest a “diminution of the record,” which may be rectified by a certiovart, 2 Tidd, Pr. 1109.

Omission; defect; incompleteness. Where the whole of a record is not properly or not ti-uly certified by an interior court to the court of review the party injured thereby may allege or " suggest" diminution of the record, and cause it to be rectified " — by means of a writ of certiorari, q. v.

[Lat. diminutio, from diminuere, q. v.] In practice. Omission, imperfection or deficiency. A term applied to a record, where something is left out of it. See Diminuere. In proceedings for the reversal of a judgment, if the whole record be not certified, or not truly certified by the inferior court, the party suing out the writ of error may allege diminution, [i. e. may allege that it is imperfect in certain respects,] and may thereupon have a writ to the court below to certify the whole record. 2 Tidd's Pr. 1167.

practice, an Omission in the record, or in some part of the proceedings, which is certified ona writ of error on the part of either plaintiff or defendant. Co. Ent. 232; 8 Vin. Ab. 552; 1 Lilly’s Ab. 245; 1 Nels. Ab. 658; Cro. Jac. 597; Cro. Car. 91. -