Law Dictionary

A decree for defendant.

The statute of Ohio... declares 'That where a decree shall be made for a conveyance, release, or acquittance, &c. and the party against whom the decree shall pass, shall not comply

A decree for plaintiff.

In Scotch law. The order of a court of probate appointing an administrator.

The decree for alimony and counsel fees, although in one sense an incident to the suit for divorce, is a distinct and severable final judgment in favor of the defendant for a sum o

The decree against him must be a decree for an account. He must be called to account for just what property has come into his hands, and no more; and he will be entitled, under ord

In Scotch law. Judgment by default or pro confesso,

With respect to the character and effects of decrees in chancery, although they now rank in dignity upon an equality with judgments at law, it is well known that they were once reg

We hold no doctrine to be better settled than this, that whenever the parties to a suit and the subject in controversy between them are within the regular jurisdiction of a court o

The decree of attachment, without more, did not operate to change the possession which, before the decree, was admittedly in petitioner. To accomplish that result, since the decree

It is well settled, that a decree must conform to the allegations of the party, as well as to his proofs.

A decree to be made final unless a contingency happens.

Ever since the case of Yeaton vs. The United States, the court has uniformly acted under the rule established in that case; to wit, that in admiralty causes a decree was not final

Such a decree presupposes a decree allowed, or ordered, but not entered, through inadvertence of the court; or a decree in a cause which is under advisement when the death of a par

The idea that a sentence of a Court of Admiralty is conclusive, arises from this consideration, that the Court always proceeds in rem. The decree naturally and necessarily binds th

[T]he decree of condemnation when entered relates back to the time of the commission of the wrongful acts, and takes date from the wrongful acts and not from the date of the senten

In Scotch law. Any decree by which the extent of a debt or obligation is ascertained. The term is, however, usually applied especially to those decrees which are required to found

The decree of distribution confers no new right; it merely identifies the property remaining, evidences right of possession in the heirs or legatees, and requires the administrator

In Scotch law. The decree made after an arrestment, ordering the debt to be paid or the effects to be delivered up to the arresting creditor. Bell, Diet.

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. 54

In Scotch law. The decree of a teind court allocating stipend upon different heritors. It is equivalent to the apportionment of a tithe rent charge.

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

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.

In. Scotch law. A proceeding by which the creditor has immediate execution. It is somewhat like a warrant of attorney to confess judgment. 1 Bell, Conun. 1. 1. 4.

Why may not a party rest his case upon a demurrer? He knows the facts are correctly stated in the bill. He finds the law arising from those facts against him: upon what principle o

In Scotch law. The final judgment or sentence of court by which the question at issue between the parties is decided. Decreet condemnator is one where the decision is in favor of t

A decree dismissing a claim, or acquitting a defendant. 2 Kames, Eq. 367.

An award of arbitrators. 1 Kames, Eq. 312, 313; 2 Kames Eq. 367.

When a creditor brings his action against the heir of his debtor in order to constitute the debt against him and attach the lands, and the heir appears and renounces the succession

Tn Scotch law. Whena ereditor brings his action against the heir of his debtor in order to constitute the debt against him and attach the lands, and the heir appears and renounces

One where the decision is in favor of the plaintiff. Ersk. Inst. 4, 3, 5.

A sentence of the court of sessions, (who are now in the place of the commissioners for the valuation of teinds,) determining the extent and value of teinds. Bell.

In this section, the term “decrement stock” means such stock as is needed to bring the armed forces from a peacetime level of readiness to a combat level of readiness.

Reliction; the receding of the sea.

This term designates a person who is disabled, incapable or incompetent, either from physical or mental weakness or defects, whether produced by age or other causes, to such an ext

In the Roman law. Judicial sentences given by the emperor as supreme judge. DECRETA CONCILIORUM NON LIGANT reges nostros. The decrees of councils bind not our kings. Moore, 906.

The decrees of councils 1 do not bind our kings.

decretals, 1. 1. In ecclesiastical law. The second of the two great divisions of the Corpus Juris Canonici. Decretales (jlregorii Noni: decretals of Gregory the Ninth; a collection

A supplemental collection of the canon law, published by Boniface VIII. in 1298. Called, also, liber sextus decretalium, sixth book of the decretals. 1 Kaufm. Mackeld. Civ. Law, 83

The decretals of Gregory the Ninth. A collection of the laws of the church, published by order of Gregory IX. in 1227. It is composed of five books, subdivided into titles, and eac

The decretals of Gregory the Ninth. A collection of the laws of the church, published by order of Gregory IX. in 1227. It is composed of five books, subdivided into titles, and eac

In chancery practice. An order made by the court, of chancery, upon a motion or petition, in the nature of a decree. 2 Daniell, Ch. Prac. 637.

In ecclesiastical law. Canonical epistles, written by the pope alone, or by the pope and cardinals^ at the instance or suit of one or more persons, -for the ordering and determinin

I. In the civil law. A species of imperial constitution, being a judgment given by the emperor upon the hearing of a cause. In the canon law. An ecclesiastical law, in contradistin

In Spanish colonial law. An order emanating from some superior tribunal, promulgated in the name and by the authority of the sovereign, in relation to ecclesiastical matters. Schmi

In Civil Law. A species of imperial constitution, being a judgment or sentence given by the emperor upon hearing of a cause, quod imperator cognoscens decrevit. Inst. 1. 2. 6. ——In

Lat. In the canon law. An ecclesiastical law, in contradistinction to a secular law, (lex.) 1 Mackeld. Civ, Law, 81, § 93, Kaufmann's note. The title of the first of the two great

A collection of ecclesiastical law made by Gratian, a Bolognese monk, in the year 1151. It is the oldest of the collections constituting the Corpus Juris Canonici. 1 Kaufm. Mackeld

The act of depriving of a crown.

To cry down; to destroy the credit of. It is said that the king may at any time decry the coin of the realm. 1 BL Comm. 278.

Henceforth.

Lat From whom. A term used to designate the person by, through, from or under whom another claims. Brent v. New Orleans, 41 La. Ann. 1098, 6 South. 793.

Lat. In Saxon law. A tithing or decennary, otherwise called decenna, decania and decima, (qq. v.) Spelman, voce. Decanus, Friborga, DECURIiE. L. Lat. In old European law. Marks or

A writ to compel one to fence his land.

In Roman law. One of the chief men or senators in the provincial towns. The deeuriones, taken together, had the entire management of the internal affairs of their towns or cities,

Lat. The office of a decurio. Calv. Lex. Jur. Fhillimore on Domicile 3.

Of course, as a matter of right.

Of course. Reg. Orig. 29b. The formal proceedings in an action, as distinguished from those incidental proceedings that may be taken in summons, petition, or motion, all of which l

Writ for admitting a guardian. Reg. "Orig. 93b, 198.

A writ to remove a guardian.

Writ of ward, or writ of right of ward. A writ which lay for a guardian in knight's service or in socage, to recover the possession and custody of the infant, or the wardship of th

Breve, L. Lat Writ of ward or writ of right of ward. A writ which lay for a guardian in knight's service or in socage, to recover the possession and custody of the infant or the wa

From now hereafter.

Homicide.

An actual homicide or manslaughter. DEDI (Lat. I have given.) A word used in deeds and other instruments of conveyance when such instruments were made in Latin. The use of this wor

Writ of debt. Reg. Orig. 139. Fitzh. Nat Brev. 119 (C), 121.

Of cutting a debtor in pieces. This was the name of a law contained in the Twelve Tables, the meaning of which has occasioned much controversy. Some commentators have concluded tha

A writ of deceit which lay against one who acted in the name of another, whereby the latter was damnified and deceived. Reg. Orig. 112; Fitzh. Nat. Brev. 95 (E); Reg. Jud. 9b. 10.

For failure of right.

dedeinz, dedeynz, dedinz, dedeiiz, dedans, dedaynes, 2. /r. Within; in. Dedeins la vierge: within the verga Dedens age: within aga

A writ for one distrained for rent to compel others jointly liable to contribute.

I have given.

To appropriate and set apart one's private property to some public use; as to make a private way public by acts evincing an intention to do so.

“dedicated automobile” means an automobile that operates only on alternative fuel.

The term “dedicated personnel” means employees of the intelligence community and private citizens (including former civilian employees of the Federal Government who have been volun

Since during the life of the patents 'Shredded Wheat' was the general designation of the patented product, there passed to the public upon the expiration of the patent, not only th

the term “dedicated vehicle” means— (A) a dedicated automobile, as such term is defined in section 32901(a)(7) 2 of title 49; or (B) a motor vehicle, other than an automobile, that

land may be dedicated by the owner to highways, and without deed or much formality. Thus, if one allows his land long to be occupied by the public as a highway, such a dedication m

The feast of dedication of churches, or rather the feast day of the saint and patron of a church, which was celebrated not only by the inhabitants of the place, but by those of all

It is proved that, shortly after the appropriation, and more than fifty years ago, the Lutherans of Georgetown proceeded to erect a log house on the lot, which was used as a church

The principles of law on which a presumption of the dedication of private property to public use are founded, are correctly stated to be: 'That the law will not presume any man's a

after being thus set apart for public use, and enjoyed as such, and private and individual rights acquired with reference to it, the law considers it in the nature of an estoppel i

The claim of a specific device or combination, and an omission to claim other devices or combinations apparent on the face of the patent, are, in law, a dedication to the public of

I I. To deny. Dedicta, dedictnm: denied.

By daylight.

From day to day. Bracton, fol. 205b; Holt, C. J., 6 Mod. 252. DE DIVERSIS REGULIS JURIS ANtiqui. Of diverse rules of the ancient law. A celebrated title of the Digests, and the las

I have given and granted.

We have given. See Dare. A commission to take testimony, the full name of which is dedimus potestatem, we have given power. In English practice the writ issues out of chancery, and

A commission to take testimony.

We have given and granted.

Whenever a commission issues for taking depositions, according to common usage, whether the witness reside beyond the process of the court, or within it, the depositions are absolu

We have given the power of receiving an attorney.

I fr. To deny. Dedit, deditz: denied.

/. To have given. Dedisse et concessisse: to have given and granted, or [that I] have given and granted; operative words in. ancient charters of feoffment and deeds of grant, v. De

Lat. To have given and granted, or [that I] hate given and granted. Operative words in ancient charters of feoffment and deeds of grant, the whole commencement running thus: — Omni

He has given and granted.

The act of yielding up anything ; surrender.

Branded criminals.

From divers rules of ancient law.

Of divers rules of the ancient law. A celebrated title of the Digests, and the last in that collection. It consists of two hundred and eleven rules or maxims. Dig. 50, 17.