Legal Term Dictionary

A term used in the statutes of Illinois (Rey. Laws, Hi. 1833, p. 332) and New Hampshire (Dig. X. H. Laws, 1830, p. 339) to express a state of Insanity. Snyder v. Snyder, 142 111. 60, 31 N. E. 303.

A term used in the statutes of Illinois (Rey. Laws, Hi. 1833, p. 332) and New Hampshire (Dig. X. H. Laws, 1830, p. 339) to express a state of Insanity. Snyder v. Snyder, 142 111. 60, 31 N. E. 303. Less...

Lat. In tbe civil law. A separation or division into parts; also an alienation or sale. Sometimes applied to the act of a guardian in appropriating the property of his ward. -Distraetio bonorum. The sale at retail of the property of an insolvent estate, under the management of a curator More...

Lat. In tbe civil law. A separation or division into parts; also an alienation or sale. Sometimes applied to the act of a guardian in appropriating the property of his ward. -Distraetio bonorum. The sale at retail of the property of an insolvent estate, under the management of a curator appointed in the interest of the creditors, and for the purpose of realizing as much as possible for the satisfaction of their claim. Mackeld. Rom. Law, 5 524. -Distraetio pignoris. The sale of a thing pledged or hypothecated, by the creditor or pledgee, to obtain satisfaction of his claim on the debtor's failure to pay or redeem. Idem. I 348. Less...

To sell; to draw apart; to dissolve a contract; to divorce. Calvin. <

To sell; to draw apart; to dissolve a contract; to divorce. Calvin. < Less...

To take as a pledge property of another, and keep the same until he performs his obligation or until the property is replevied by the sheriff. It was used to secure an appearance in court, payment of rent, performance of services, etc. 3 Bl. Comm. 231; Fitzh. Nat. Brev. 32, More...

To take as a pledge property of another, and keep the same until he performs his obligation or until the property is replevied by the sheriff. It was used to secure an appearance in court, payment of rent, performance of services, etc. 3 Bl. Comm. 231; Fitzh. Nat. Brev. 32, B, C, 223. Boyd v. Howden, 3 Daly (N. T.) 457; Byers v. Ferguson, 41 Or. 77, G8 Pac. 5. Distress is now generally resorted to for the purpose of enforcing the payment of rent, taxes, or other duties. Less...

He who seizes a distress.

He who seizes a distress. Less...

Seizure; the act of distraining or making a distress.

Seizure; the act of distraining or making a distress. Less...

The taking a personal chattel out of the possession of a wrong-doer Into the custody of the party injured, to procure a satisfaction for a wrong committed; as for non-payment of rent, or injury done by cattle. 3 Bl. Comm. 6, 7; Co. Litt. 47; Emlg v. Cunningham, 62 Md. More...

The taking a personal chattel out of the possession of a wrong-doer Into the custody of the party injured, to procure a satisfaction for a wrong committed; as for non-payment of rent, or injury done by cattle. 3 Bl. Comm. 6, 7; Co. Litt. 47; Emlg v. Cunningham, 62 Md. 460; Hard v, Near-ing, 44 Barb. (N. Y.) 488; Owen v. Boyle, 22 Me. 61; Evans v. Lincoln Co., 204 Pa. 448, 54 Atl. 321. Tbe taking of beasts or other personal property by way of pledge, to enforce the performance of something due from the party distrained upon. 8 Bl. Comm. 231. The taking of a defendant's goods, in order to compel an appearance in court Id. 280; 3 Steph. Comm. 361, 363. The seizure of personal property to enforce payment of taxes, to be followed by its public sale if the taxes are not voluntarily paid. Marshall v. Wadsworth, 64 N. H. 386, 10 Atl. 685. Also the thing taken by distraining, that which is seized to procure satisfaction. And in old Scotch law, a pledge taken by the sheriff from those attending fairs or markets, to secure their good behavior, and returnable to them at the close of the fair or market if they had been guilty of no wrong. -Distress infinite. One that has no bounds with regard to its quantity, and may be repeated from time to time, until the stubbornness of the party is conquered. Such are distresses for fealty or suit of court, and for compelling jurors to attend. 3 Bl. Comm. 231.- Distress warrant. A writ authorizing an officer to made a distraint; particularly, a writ authorizing the levy of a distress on the chattels of a tenant for non-payment of rent. Bailey ville v. Lowell, 20 Me. 181; Bagwell v. Jamison. Cheves (S. C.) 252.-Grand distress, writ of. A writ formerly issued in the real action of quart impediU when no appearance had been entered after the attachment; it commanded the sheriff to distrain the defendant's lands and chattels in order to compel appearance. It is no longer used, 23 A 24 Vict. c. 126. | 26, having abolished the action of quare tm-pedit, and substituted for it the procedure in an ordinary action. Wharton.-Second distress. A supplemental? distress for rent in arrear, allowed by law in some cases, where the goods seized under the first distress are not of sufficient value to satisfy the claim. Less...

An heir; a person entitled to share in the distribution of an estate. This term is admissible to denote one of the persons who are entitled, under the statute of distributions, to the personal estate of one who is dead Intestate. Henry v. Henry, 31 N. C. 278; Kitchen v. More...

An heir; a person entitled to share in the distribution of an estate. This term is admissible to denote one of the persons who are entitled, under the statute of distributions, to the personal estate of one who is dead Intestate. Henry v. Henry, 31 N. C. 278; Kitchen v. Southern Ry., 68 S. C. 554, 48 S. E. 4. Less...

In practice. The apportionment and division, under authority of a court, of the remainder of the estate of an Intestate, after payment of the debts and charges, among those who are legally entitled to share in the same. Rogers v. 611-lett, 56 Iowa, 266, 9 N. W. 204; William Hill More...

In practice. The apportionment and division, under authority of a court, of the remainder of the estate of an Intestate, after payment of the debts and charges, among those who are legally entitled to share in the same. Rogers v. 611-lett, 56 Iowa, 266, 9 N. W. 204; William Hill Co. v. Lawler, 116 Cal. 359, 48 Pac. 323; In re Crelghton, 12 Neb. 280, 11 N. W. 313; Thomson v. Tracy, 60 N. Y. 180. -Statute of distributions. A law prescribing the manner of the distribution of the estate of an intestate among his heirs or relatives. Such statutes exist in all the states. Less...

Exercising or accomplishing distribution; apportioning, dividing, and assigning in separate Items or shares. -Distributive finding of tbe issue. The jury are bound to give their verdict for that party who, upon the evidence, appears to them to have succeeded in establishing his side of the issue. But there are cases More...

Exercising or accomplishing distribution; apportioning, dividing, and assigning in separate Items or shares. -Distributive finding of tbe issue. The jury are bound to give their verdict for that party who, upon the evidence, appears to them to have succeeded in establishing his side of the issue. But there are cases in which an issue may be found distributively, i. e., in part for plaintiff, and in part for defendant. Thus, in an action for goods sold and work done, if the defendant pleaded that he never was indebted, on which issue was joined, a verdict might be found for the plaintiff as to the goods, and for the defendant as to the work. Steph. PI. (7th Ed.) 77d.-Distributive justice. See JUSTICE.-Distributive share. The share or portion which a given heir receives on the legal distribution of an intestate estate, People v. Beckwith, 10 N. Y. St. Rep. 97; Page v. Rives, 18 Fed. Cas. 992. Sometimes, by an extension of meaning, the share or portion assigned to a given person on the distribution of any estate or fund, as, under an assignment for creditors or under insolvency proceedings. Less...