distress

Defined in 7 dictionaries — Case Law, Ballentine's (1916), Black's (1910), Kinney (1893), Black's (1891), Stimson (1881), Burrill (1850)

Definitions from Case Law

From 74 U.S. 354 - The Diana · 1868Most cited · 4 citing opinions

a vessel may be in such distress as to justify her in attempting to enter a blockaded port… The case, however, must be one of absolute and uncontrollable necessity; and this must be established beyond reasonable doubt. Nothing less than an uncontrollable necessity, which admits of no compromise, and cannot be resisted, will be held a justification of the offence.

Ballentine's Law Dictionary

James A. Ballentine · 1916

The act of distraining.

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

The taking a personal chattel out of the possession of a wrong-doer into the custody of the party injured, to procure a satisfaction for a wrong committed; as for non-payment of rent or injury done by cattle. 3 Bl. Comm. 6, 7; Co. Litt. 47; Emig v. Cunningham, 62 Md. 460; Hard v. Nearing, 44 Barb. (N. Y.) 488; Owen v. Boyle, 22 Me. 61; Evans v. Lincoln Co., 204 Pa. 448, 54 Atl. 321. The taking of beasts or other personal property by way of pledge, to enforce the performance of something due from the party distrained upon. 3 Bl. Comm. 231. The taking of a defendant's goods, in order to compel an appearance in court. Id. 280 ; 3 Steph. Comm. 361, 363. The seizure of personal property to enforce payment of taxes, to be followed by its publlc sale lf the taxes are not voluntarily paid. Marshall v. Wadsworth, 64 N. H. 386, 10 Atl. 685. Also the thing taken by distraining, that which is seized to procure satisfaction. And in old Scotch law, a pledge taken by the sheriff from those attending fairs or markets, to secure their good behavior, and returnable to them at the close of the fair or market lf they had been guilty of no wrong.
--Distress infinite. One that has no bounds with regard to its quantity, and may be repeated from time to time, until the stubbornness of the party is conquered. Such are distresses for fealty or suit of court, and for compelling jurors to attend. 3 Bl. C

A Law Dictionary and Glossary

George C. Kinney · 1893

The taking of a personal chattel from the possession of a wrong-doer to procure a satisfaction for a wrong committed, — as for non-payment of rent, or injury done by cattle; the chattel so taken.

In English law. Distress infinite: a distress which has no bounds as to quantity, and may be repeated until the delinquent yields.

A Dictionary of Law

Henry Campbell Black · 1891

The taking a personal chattel out of the possession of a wrong-oer into the custody of the party injured, to procure a satisfaction for a wrong committed; as for taking of beasts or other personal property; by way of pledge, to enforee the performance ef something due from the party distrained upon. 38 Bl, Comm. 231. The taking of a defendant’s goods, in order to compel an appearance in court, Id. 280; 3 Steph. Comm. 361, 368.

Glossary of Technical Terms, Phrases, and Maxims of the Common Law

Frederic Jesup Stimson · 1881

The act of distraining; usually to of rent in taxes, or to enforce compensation the trespassing of cattle. Distress infinite ited as to quantity, which may be repeated until satisfaction is made.

A New Law Dictionary and Glossary

Alexander M. Burrill · 1850

[from L. Fr. destresse; L. Lat. districtio, q. v.] The taking a personal chattel out of the possession of a wrong doer into the custody of the party injured, to procure a satisfaction for a wrong committed; as for non-payment of rent, or injury done by cattle. 3 BL Com. 6, 7. do. Litt. 47. The taking of beasts, or other personal property by way of pledge, to enforce the performance of something due from the party distrained upon. 8 Bl. Com. 231. The taking of a defendant's goods, in order to compel an appearance in court. Id. 280. 8 Steph. Com. 361, 363. Gilbert on Rents, S, 92. 1 Crabb's Real Prop. 224. 3 Kenfs Com. 461. The thing or chattel itself, so taken or distrained. Spelman, voce. Distringere, Districtus. Termes de la leg. See Distringas.