practice. In cases where a statute gives a party double or treble damages, the jury are to find single damages, and the court to enhance them, according to the statute Bro. Ab. Damages, pl. 70; 2 Inst. 416; 1 Wils. 126; 1 Mass. 155. In Sayer on Damages, p. 244, it is said, the jury may assess the statute damages and it would seem from some of the modern cases, that either the … [Read more...]
DOUBLE PLEA
The alleging, for one single purpose, two or more distinct grounds of defence, when one of them would be as effectual in law, as both or all. Vide Duplicity. … [Read more...]
DOOR
The place of usual entrance in a house, or into a room in the house. 2. To authorize the breach of an outer door in order to serve process, the process must be of a criminal nature; and even then a demand of admittance must first have been refused. The outer door may also be broken open for the purpose of executing a writ of habere facias. 3. An outer door cannot in general be … [Read more...]
DORMANT
Literally, sleeping; hence inactive; in abeyance; unknown; concealed. Dormant claim. One which is in abeyance. Dormant execution. One which a creditor delivers to the sheriff with directions to levy only, and not to sell until further orders, or until a junior execution is received. Dormant judgment. One which has not been satisfied, nor extinguished by lapse of time, but which … [Read more...]
DORMANT CLAIM
One which is in abeyance. A claim that is not live or being acted upon. … [Read more...]