To offer duel or combat as a legal trial and appeal. Abolished by 59 Geo. III. S 46. See Battel
Source: Black’s Law Dictionary 2nd Ed (1910)
To wage law; a denial of an accusation upon oath. See waoeb of Law
Source: Black’s Law Dictionary 2nd Ed (1910)
Lat. A word used iu grants and donations, which binds the donor and his heirs to defend the donee, if any one go about to lay any incumbrance on the thing glven other than what is contained in the deed of donation. Bract. 1. 2, c. 16
Source: Black’s Law Dictionary 2nd Ed (1910)
To prohibit or forbid. To deny. To contest and endeavor to defeat a claim or demand made against one in a court of justice. Boehmer v. Irrigation Dist, 117 Cal. 19, 48 Pac. 908. To oppose, repel, or resist
Source: Black’s Law Dictionary 2nd Ed (1910)
The person defending or denylng; the party agalnst whom rellef or recovery is sought in an action or suit. Jew-ett Car Co. v. Kirkpatrick Const. Co. (C. C.) 107 Fed. 622; Brower v. Nellis, 6 Ind. App. 323, 33 N. E. 672; Tyler v. State, 63 Vt 300, 21 Atl. 611; Insurance Co. v. Alexandre (D. C.) 16 Fed. 281
Source: Black’s Law Dictionary 2nd Ed (1910)
Lacking in some particu-lar which is essential to the completeness, legal sufficiency, or security of the object spoken of; as, a “defective” highway or bridge, (Manson v. Derby, 37 Conn. 310, 9 Am. Rep. 332; whitney v. Ticonderoga, 53 Hun, 214, 6 N. Y. Supp. 844;) machinery, (Machinery Co. v. Brady, 60 111. App. 379;) writ or recognizance, (State v. Lavalley, 9 Mo. 836; McArthur v. Boynton, 19 Colo. App. 234, 74 Pac. 542;) or title, (Copertini v. op-permann, 76 Cal. 181, 18 Pac. 256
Source: Black’s Law Dictionary 2nd Ed (1910)
Lat. Defect; default; want; imperfectlon; disqualification
Source: Black’s Law Dictionary 2nd Ed (1910)
To prevent, frustrate, or circumvent ; as in the phrase “hlnder, delay, or defeat credltors.” Coleman v. walker, 3 Metc. (Ky.) 65, 77 Am. Dec. 163; walker v. Sayers, 5 Bush (Ky.) 581
Source: Black’s Law Dictionary 2nd Ed (1910)
The want or absence of some legal requisite; deficiency; Imperfection; insufficiency. Haney-Campbell Co. v. Creamery
Source: Black’s Law Dictionary 2nd Ed (1910)
An instrument which defeats tbe force or operation of some other deed or estate. That which is in the same deed is called a “conditionand that which is In another deed is a “defeasance.” Com. Dig. “Defeasance.”
Source: Black’s Law Dictionary 2nd Ed (1910)
Subject to be defeated, annulled, revoked, or undone upon the hap-pening of a future event or the performance of a condition subsequent, or hy a condi-tional limitation. Usually spoken of estates and Interests in land. For instance, a mortgagee’s estate is defeasible (liable to he de-feated) by the mortgagor’s equity of redemption
Source: Black’s Law Dictionary 2nd Ed (1910)
The omission or failure to fulfill a duty, observe a promise, discharge an obligation, or perform an agreement-State v. Moores, 52 Neb. 770, 73 N. W. 299; osborn v. Rogers, 49 Hun, 245, 1 N. Y. Supp. 623; Mason v. Aldrich, 36 Minn. 283, 30 N.. W. 884
Source: Black’s Law Dictionary 2nd Ed (1910)
LK. To set off one clalm against another; to deduct a debt due to one from a debt which one owes. Johnson v. Signal Co., 57 N. J. Eq. 79, 40 Atl. 193; Pepper v. warren, 2 Marv. (Del.) 225, 43 Ath 91. This verb corresponds only to the second meaning of “defalcation” as given above; a public officer or trustee who misappropriates or embezzles funds in his hands is not said to “defalk.”
Source: Black’s Law Dictionary 2nd Ed (1910)
The taking from one’s reputation. The offense of injuring a per* son’s character, fame, or reputation by false and malicious statements. The term seems to be comprehensive of both libel and slander. Printing Co. v. Moulden, 15 Tex. Civ. App. 574, 41 S. W. 381; Moore v. Francis, 121 N. Y. 199, 23 N. E. 1127, 8 L. R. A. 214, 18 Am. St Rep. 810; Hollenbeck v. Hall, 103 lowa, 214, 72 N. W. 518, 39 L. R. A. 734, 64 Ajn. SL Rep. 175; Mosnat v. Snyder, 105 Iowa, 500, 75 N. W. 356
Source: Black’s Law Dictionary 2nd Ed (1910)
To mar or destroy the face (that is, the physical appearance of written or Inscribed characters os expressive of a definite meaning) of a written instrument, signature, inscription, etc., by obliteration, erasure, cancellation, or superinscription, so as to render it illegible or unrecognizable. Linney v. State, 6 Tex. 1, 55 Am. Dec. 756. See Cancel
Source: Black’s Law Dictionary 2nd Ed (1910)
The act of’a defaulter; misappropriation of trpst funds or money held in any fiduciary capacity; failure to properly account for such funds. Usually spoken of officers of corporations or public officials. In re Butts (D. C.) 120 Fed. 970; Crawford v. Burke, 201 111. 581, 66 N. E. 833
Source: Black’s Law Dictionary 2nd Ed (1910)
Engines or great nets made of cord to catch deer. 19 Hen. VIII. c. 11
Source: Black’s Law Dictionary 2nd Ed (1910)
To hold; conslder; adjudge; condemn. Cory v. Spencer, 67 Kan. 648, 73 Pac. 920, 63 L. R. A. 275; Blaufus v. People, 69 N. ¥. Ill, 25 Am. Rep. 148; U. S. v. Doher-ty (D. C.) 27 Fed. 730; Leonard v. Grant (C. C.) 5 Fed. 11. when, by statute, certain acts are “deemed” to be a crime of a particular nature, they are such crime, aud not a semblance of it, nor a mere fanciful approximation to or designation of the offense. Com, v. Pratt, 132 Mass. 247
Source: Black’s Law Dictionary 2nd Ed (1910)
Judges in the Isle of Man, tvho decide all controversies without process, writings, or any charges. These judges are chosen by the people, and are said by Spelman to be two lu number. Spelman
Source: Black’s Law Dictionary 2nd Ed (1910)
In marine iu-surance. An allowance or drawback credlt-ed to the Insurers on the cost of repairing a vessel for damage arising from the perils of the sea insured agaiust. This allowance is usually one-third, and is made on the theory that the parts restored with new materials are better, in that proportion than they were before the damage
Source: Black’s Law Dictionary 2nd Ed (1910)
A sealed instrument, containing a contract or covenant, delivered by the party to be bound thereby, and uccepted by the party to whom the contract or coveuant runs
Source: Black’s Law Dictionary 2nd Ed (1910)