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
D
DIMINUTION OF THE RECORD
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
DIGESTA
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
DILATORY PLEA
A class of defenses at common law, founded on some matter of fact not connected with the merits of the case, but such as might exist without impeaching the right of action itself. They were either pleas to the jurisdiction, showing that, by reason of some matter therein stated, the case was not within the jurisdiction of the court; or pleas in suspension, showing some matter of … [Read more...] about DILATORY PLEA
DIMISI
In old conveyancing. I have demised. Dimisi, concessi, et ad flrmam tradidi, have demised, granted, and to farm let. The usual words of operation in a lease. 2 Bl. Comm. 317, 318. … [Read more...] about DIMISI