D

Incompleteness. 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 certiorari. 2 Tidd, Pr. 1109. … [Read more...] about DIMINUTION

A collection or compilation, embodying the chief , matter of numerous books in one, disposed under proper heads or titles, and usually by an alphabetical arrangement, for facility in reference. As a legal term, "digest" is to be distinguished from '"abridgment. The latter is a summary or epitome of the contents of a single work, in which, as a rule, the original order or … [Read more...] about DIGEST

chancery practice. A dilatory defence is one, the object of which is to dismiss, suspend, or obstruct the suit, without touching the merits, until the impediment or obstacle insisted on shall be removed. 2. These defences are of four kinds: 1. To the jurisdiction of the court. 2. To the person of the plaintiff or defendant. 3. To the form of proceedings, as that the suit is … [Read more...] about DILATORY DEFENCE

practice. This phrase signifies that the record from an inferior court, sent up to a superior, is incomplete. When this is the case, the parties may suggest a diminution of the record, and pray a writ of/ certiorari to the justices of the court below to certify the whole record. … [Read more...] about DIMINUTION OF THE RECORD

Digests. One of the titles of the Pandects of Justinian. Inst, proem, f.4. Bracton uses the singular, "Digestunu" Bract, fol. 19. … [Read more...] about DIGESTA