DEFRAUDACION

In Spanish law. The crime committed by a person who fraud-ulently avoids the payment of some public tax

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DEFRAUD

To practice fraud; to cheat or trick: to deprive a person of property or any lnterest, estate, or rlght by fraud, de-ceit, or artifice. People v. wiinan, 148 N. Y. 29, 42 N. E. 408; Alderman v. People, 4 Mlch. 424, 69 Am. Dec. 321; U. S. v. Cur-ley (C. C.) 122 Fed. 740; weber […]

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DEFORCIATIO

L. Lat In old Engllsh law. A distress, distraint, or seizure of goods for satisfaction of a lawful debt. Cowell

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DEFORCIANT

Cne who wrongfully keeps the owner of lands and tenements out of the possession of them. 2 BL Comm. 350

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DEFORCEMENT

Deforcement is where a man wrongfully holds lands to which another person is entitled. It there-fore Includes disseisin, abatement, discon-tinuance, and Intrusion. Co. Litt 277b, 331b; Foxworth v. white, 5 Strob. (S. C.) 115; Woodruff v. Brown, 17 N. J. Law, 269; Hopper v. Hopper, 21 N. J. Law, 543. Bnt it is applled especially […]

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DEFORCE

In English law. To wlth-hold wrongfully; to withhold the possesslon of lands from one who is lawfully entitled to them. 3 Bl. Comm. 172; Phelps v. Bald-win, 17 Conn. 212

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DEFINITIVE

That which finally and completely ends and settles a controversy. A definitive sentence or judgment is put In opposition to an interlocutory judgment

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DEFINITIO

Lat. Definition, or, more strictly, limiting or bounding; as in the max-im of the civil law: Omnis definitio pericu-losa est, parum est enim ut non subverti possit, (Dig. 50, 17, 202;) h e., the attempt to bring the law within the boundaries of precise definitions ls hazardous, as there are hut few cases in which […]

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DEFINE

To explain or state the exact meaning of words and phrases; to settle, make clear, establish boundaries. U. S. v. Smith, 5 wheat. 160, 5 L. Ed. 57; waiters v. Richardson, 93 Ky. 374, 20 S. W. 279; Miller v. Improvement Co., 99 Va. 747, 40 S. E. 27, 86 Am. St. Rep. 924; Gould […]

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DEFENSO

That part of any open field or place that was allotted for corn or hay, and upon which there was no common or feeding, was anciently said to be in defenso; so of any meadow grouud that was laid ln for hay only. The same term was applied to a wood where part was inclosed […]

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DEFENSIVE WAR

A war ln defense of, or for the protection of, national rights. It may be defensive In its principles, though offensive in its operations. 1 Kent, Comm. 50, note

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DEFENSIVA

In old English law. A lord or earl of the marches, who was the warden and defender of hls country. Cowell

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DEFENSE

That which is offered and alleged by the party proceeded against in an action or suit, as a reasou in law or fact why the plaintiff should not recover or establish what he seeks; what is put forward to defeat an action. More properly what is sufficient when offered for this purpose. In el-ther of […]

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DEFENSA

In old English law. A park or place fenced ln for deer, and defended as a property and peculiar for that use and service. Cowell

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DEFENDER

(Fr.) To deny; to defend; to conduct a suit for a defendant; to forbid; to prevent; to protect

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DEFENDEMUS

Lat. A word used iu grants and donations, which binds the donor and his heirs to defend the donee, if any one go about to lay any incumbrance on the thing glven other than what ls contained in the deed of donation. Bract. 1. 2, c. 16

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DEFENDANT

The person defending or denylng; the party agalnst whom rellef or recovery ls sought in an action or suit. Jew-ett Car Co. v. Kirkpatrick Const. Co. (C. C.) 107 Fed. 622; Brower v. Nellis, 6 Ind. App. 323, 33 N. E. 672; Tyler v. State, 63 Vt 300, 21 Atl. 611; Insurance Co. v. Alexandre […]

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DEFEND

To prohibit or forbid. To deny. To contest and endeavor to defeat a claim or demand made against one in a court of justice. Boehmer v. Irrigation Dist, 117 Cal. 19, 48 Pac. 908. To oppose, repel, or resist

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DEFECT

The want or absence of some legal requisite; deficiency; Imperfection; insufficiency. Haney-Campbell Co. v. Creamery

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DEFAULT

The omission or failure to fulfill a duty, observe a promise, discharge an obligation, or perform an agreement-State v. Moores, 52 Neb. 770, 73 N. W. 299; osborn v. Rogers, 49 Hun, 245, 1 N. Y. Supp. 623; Mason v. Aldrich, 36 Minn. 283, 30 N.. W. 884

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DEFALCATION

The act of’a defaulter; misappropriation of trpst funds or money held in any fiduciary capacity; failure to properly account for such funds. Usually spoken of officers of corporations or public officials. In re Butts (D. C.) 120 Fed. 970; Crawford v. Burke, 201 111. 581, 66 N. E. 833

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DEFACE

To mar or destroy the face (that ls, the physical appearance of written or Inscribed characters os expressive of a definite meaning) of a written instrument, signature, inscription, etc., by obliteration, erasure, cancellation, or superinscription, so as to render it illegible or unrecognizable. Linney v. State, 6 Tex. 1, 55 Am. Dec. 756. See Cancel

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DEEMSTERS

Judges in the Isle of Man, tvho decide all controversies without process, writings, or any charges. These judges are chosen by the people, and are said by Spelman to be two lu number. Spelman

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DEED

A sealed instrument, containing a contract or covenant, delivered by the party to be bound thereby, and uccepted by the party to whom the contract or coveuant runs

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DEDUCTION FOR NEW

In marine iu-surance. An allowance or drawback credlt-ed to the Insurers on the cost of repairing a vessel for damage arising from the perils of the sea insured agaiust. This allowance is usually one-third, and is made on the theory that the parts restored with new materials are better, in that proportion than they were […]

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DEDITITH

In Roman law. Criminals who had been marked in the face or on the body with fire or nn iron, so that the mark could not be erased, and subsequently manumitted. Calvin

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DEDIMUS FOTESTATEM DE AT-TORNO FACIENDO

In old Eugllsh prac-tice. A writ, issued by royal authority, empowering an attorney to appear for a defeud-aut. Prior to tlie statute of westmiuster 2, a party could not appear in court by attor-ney without this writ

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DEDIMUS POTESTATEM

(we have given power.) In English practice. A writ or commission issuing out of chancery, eni-powering the persons named therein to per-form certain acts, as to administer oaths to defendants in chancery and take their an-swers, to administer oaths of office to justices of the peace, etc. 3 Bl. Comm. 447. It was anciently allowed […]

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DEDICATION-DAY

The feast of ded-ication of charches, or rather the feast day of the saint and patron of tt church, which was celebrated not only by the inhabitants of the place, but by those of all the neighboring villages, who usually eame thither; nnd such assemblies were allowed as lawful, lt was usual for the people […]

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DEDICATION

In real property law. An appropriation of land to some public use, made by the owner, and accepted for such use by or on behalf of the public; a deliberate appropriation of land by Its owner for any general and public uses, reserving to hlmself no other rights than such as are com-patible with the […]

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