Legal Term Dictionary

In Spanish law. A space of time granted to a party to a suit in which to answer a demand or produce evidence of a disputed fact

In Spanish law. A space of time granted to a party to a suit in which to answer a demand or produce evidence of a disputed fact Less...

A species of ecclesiastical waste which occurs whenever the incumbent suffers any edifices of his ecclesiastical living to go to ruin or decay. It is either voluntary, by pulling down, or Dermls-slye, by suffering the church, parsonage* houses, and other buildings thereunto belonging, to decay. And the remedy for either More...

A species of ecclesiastical waste which occurs whenever the incumbent suffers any edifices of his ecclesiastical living to go to ruin or decay. It is either voluntary, by pulling down, or Dermls-slye, by suffering the church, parsonage* houses, and other buildings thereunto belonging, to decay. And the remedy for either lies either In the spiritual court, where the canon law prevails, or in the courts of common law. It is also held to be good cause of deprivation if the bishop, parson, or other ecclesiastical person dilapidates buildings or cuts down timber growing on the patrimony of the church, unless for necessary repairs; and that a writ of prohibition will also lie against him in the comoon-law courts. 3 Bl. Comm. 91. The term is also used, in the law of landlord and tenant, to signify the neglect of necessary repairs to a building, or suffering It to fall Into a state of decay, or the pulling down of the building or any part of it Dllatlones in lege snnt. odlosso. Delays in law are odious. Branch, tPrlnc. Less...

Tending or intended to cause delay or to gain -time or to put off a decision. -Dilatory defense. In chancery practice; 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. 3 Bl. More...

Tending or intended to cause delay or to gain -time or to put off a decision. -Dilatory defense. In chancery practice; 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. 3 Bl. Comm. 301, 302.-Dilatory pleas. 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 mat1 ter therein stated, the case was not within the jurisdiction of the court; or pleas in suspen? sion, showing some matter of temporary, incapacity to proceed with the suit; or,pleas it abatement, showing some matter for abatement or quashing the declaration. 3 Steph. Comm. 576. Parks v. McClellan ,44 N. J. Law, 558; Mahoney v. Loan Ass'n (C, C.) 70 Fed. 515. i Less...

Prudence; vigilant activity; attentiveness; or care, of which there are infinite shades, from the slightest momentary thought to the most vigilant anixety; but the law recognizes only three degrees of diligence: (1) Common or ordinary, which men, in general, exert in respect of their own concerns; the standard is necessarily More...

Prudence; vigilant activity; attentiveness; or care, of which there are infinite shades, from the slightest momentary thought to the most vigilant anixety; but the law recognizes only three degrees of diligence: (1) Common or ordinary, which men, in general, exert in respect of their own concerns; the standard is necessarily variable with respect to the facts, although it may be uniform with respect to the principle. (2) High or great, which fs extraordinary diligence, or that "which very prudent persons take of their own concerns. (3) Low or slight, which is that which persons of less than common prudence, or indeed of no prudence at all, take of their own concerns. The civil law is In perfect conformity with the common law. It lays down three degrees of diligence,-ordinary (diligentia;) extraordinary, (exactissima diligentia;) slight, (levissima diligentia.) Story, Bailm. 19. There may be a high degree of diligence, a common degree of diligence, and a slight degree of diligence, with their corresponding degrees of negligence, and these can be clearly enough defined for all practical purposes, and, with a view to the business of life, seem to be all that are really necessary. Common or ordinary diligence is that degree of diligence which men in general exercise in respect to their own concerns; high or great diligence is of course extraordinary diligence, or that which very prudent persons take of their own concerns ; and low or slight diligence is that which persons of less than common prudence, or indeed of any prudence at all, take of their own concerns. Ordinary negligence is the want of ordinary diligence; slight, or less than ordinary, negligence is the want of great diligence; and gross or more than ordinary negligence is the want of slight diligence. Railroad Co. v. Rollins, 5 Kan. 180. Other classifications and compound terms.-Due diligence. Such a measure of prudence, activity, or assiduity, as is properly to be expected from, and ordinarily exercised by, a reasonable and prudent man under the particular circumstances; not measured by au? absolute standard, but depending on the relative facts of the special case. Perry v. Cedar Palls, 87 Iowa, 315, 54 N. W. 225; Dillman v. Nadelhoffer, 100 111. 121, 43 N. E. 378; Hendricks v. W. U. Tel. Co., 126 N. C. 304, 35 S. E. 543, 78 Am. St. Rep. 658; Highland Ditch Co. v. Mumford, 5 Colo. 336.-Extraordinary diligence. That extreme measure of care and caution which persons of unusual prudence and circumspection use for securing and preserving their own property or rights. Civ. Code Ga, 1805, ? 2899; Railroad Co. v. Hug-gins, 89 Ga. 494, 15 S. E. 848; Railroad Co. v. White, 88 Ga. 805, 15 S. E. 802.-Great diligence. Such a measure of care, prudence, and assiduity as persons of unusual prudence and discretion exercise in regard to any and all of their own affairs, or such as persons of ordinary prudence exercise in regard to very important affairs of their own. Railwav Co. v. Rollins, 5 Kan. 180; Litchfield v. White, 7 N. Y. 438. 57 Am. Dec. 534; Rev. Codes N. Dak. 1899, | 5109.-High diligence. The same as great diligence.-Low diligence. The same as slight diligence.-Necessary diligence. That degree of diligence which a person placed in a particular situation must exercise in order to entitle him to the protection of the law in respect to rights or claims growing out of that situation, or to avoid being left without redress on account of his own culpable carelessness or negligence. Garahy v. Bayley. 25 Tex. Supp. 302; Sanderson v. Brown, 57 Me. 312.-Ordinary diligence is that degree of care which men of common prudence generally exercise in .their affairs, in the country and the age in which they live. Erie Bank v. Smith, 3 Brewst. (Pa.) 9; Zell v. Dunkle, 156 Pa. &r>3, 27 Atl. 38: Railroad Co. v. Scott, 42 111. 143; Briggs v. Taylor, 28 Vt. 184; Railroad Co. v. Fisher, 49 Kan. 460, 30 Pac. 462: Railroad Co. v. Mitchell, 92 Ga. 77. 18 S. E. 290.-Reasonable diligence. A fair, proper, and due degree of care and activity, measured with reference to the particular circumstances; such diligence, care, or attention as might be expected from a man of ordinary prudence and activity. Railroad Co. v. Gist, 31 Tex. Civ. App. 6(52. 73 S. W. 857; Bacon v. Steamboat Co., 90 Me. 46. 37 Atl. 328; Latta v. Clifford (C. C.) 47 Fed. 620 ; Rice v. Brook (C. C.) 20 Fed. 614.-Special diligence. The measure of diligence and skill exercised bv a good business man in his particular specialty, which must be commensurate with the duty to be performed and the individual circumstances of the case; not merely the diligence of an ordinary person or non-specialist. Brady v. Jefferson, 5 Houst. (Del.) 79. In Scotch law and practice. Process of law, by which persons, lands, or effects are seized in execution or in security for debt. Ersk. Inst 2, 11, 1. Brande. Process for enforcing the attendance of witnesses, or the production of writings. Ersk. Inst. 4, 1, 7L Less...

(Fr. De lege ejectus, Lat.) Outlawed.

(Fr. De lege ejectus, Lat.) Outlawed. Less...

In old English law. Pottage formerly made for the king's table on the coronation day. There was a tenure in serjeantry, by which lands were held of the king by the service of finding this pottage at that solemnity.

In old English law. Pottage formerly made for the king's table on the coronation day. There was a tenure in serjeantry, by which lands were held of the king by the service of finding this pottage at that solemnity. Less...

A silver coin of the United States, of the value of ten cents, or one-tenth of the dollar.

A silver coin of the United States, of the value of ten cents, or one-tenth of the dollar. Less...

Half; a half; the half.

Half; a half; the half. Less...

The moiety or half of a thing.

The moiety or half of a thing. Less...

In the civil law. Diminution; a taking away; loss or deprivation. Diminutio capitis, loss of status or condition. See CAPITIS DIMINUTIO.

In the civil law. Diminution; a taking away; loss or deprivation. Diminutio capitis, loss of status or condition. See CAPITIS DIMINUTIO. Less...