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Home » Law Dictionary » D » DIRECT

DIRECT

TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed.

Immediate; by the shortest course; without circuity; operating by an immediate connection or relation, Instead of operating through a medium; the opposite of indirect. In the usual or natural course or line; Immediately upwards or downwards; as distinguished from that which is out of the line, or on the side of it; the opposite of collateral. In the usual or regular course or order, as distinguished from that which diverts, interrupts, or opposes; the opposite of cross or contrary. Direct attack. A direct attack on a judgment or decree is an attempt for sufficient cause, to have it annulled,, reversed, vacated, corrected, declared void, or enjoined, in a proceeding instituted for that specific purpose, such as an appeal, writ of error, bill of review, or injunction to restrain its execution; distinguished from a collateral attack, which is an attempt to impeach the validity or binding force of the judgment or decree as a side issue or in a proceeding instituted for some other purpose. Schneider v. Sellers, 25 Tex. Civ. App. 226, 61 S. W. 541; Smith v. Morrill, 12 Colo. App. 233, 55 Pac. 824: Morrill v. Morrill, 20 Or. 96, 25 Pac. 362, 11 L. R, A. 155, 23 Am. St. Rep. 95; Crawford v. McDonald, 88 Tex. 626, 33 S. W. 325; Eichhoff v. Bichhoff, 107 Cal. 42, 40 Pac. 24, 48 Am. St. Rep. 110. Direct interest. A direct interest, such as would render the interested party incompetent to testify in regard to the matter, is an interest which is certain, and not contingent or doubtful. A matter which is dependent alone on the successful prosecution of an execution cannot be considered as uncertain, or otherwise than direct, in this sense. In re Van Alstine’s Estate, 26 Utah, 193, 72 Pac. 942. Direct line. Property is said to descend or be inherited in the direct line when it passes in lineal succession; from ancestor to son, grandson, great grandson, and so on. Direct payment. One which is absolute and unconditional as to the time, amount, and the persons by whom and to whom it is to be made. People v. Boy Ian (C. C.) 25 Fed. 595. See Ancient Order of Hibernians v. Sparrow, 29 Mont. 132, 74 Pac. 197, 64 L.. R. A. 128, 101 Am. St. Rep. 563; Hurd v. McClellan, 14 Colo. 213, 23 Pac. 792. As to direct “Consanguinity,” “Contempt,” “Damages,” “Evidence,” “Examination,” “Interrogatories,” “Loss,” “Tax,” and “Trust” see those titles.

Related Posts:

  • DIRECT ATTACK
  • CONSANGUINITY
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  • LINEA
  • COLLATERAL
  • SPECIAL PLEADING

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