Page:Black's Law Dictionary (Second Edition).djvu/334

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


DE IDENTITATE NOMINIS. A Writ which lay for one arrested in a personal action and committed to prison under a mistake as to his identity, the proper defendant hearing the same name. Reg. Orig. 194.

DE IDIOTA INQUIRENDO. An old common-law writ, long obsolete, to Inquire whether a man be an Idiot or not. 2 Steph. Comm. 509.

DE IIS QUI PONENDI SUNT IN ASSISIS. Of those who are to be put on assises. The title or a statute passed 21 Edw. I. defining the qualifications of jurors. Cralyb, Eng. Law, 167, 180; 2 Reeve, Eng. Law, 18-i.

DE INCREMENTO. Of increase; In addition. Costs dc incrnmenfo, or costs of Icnreasc, are the costs adjudged by the court In cnii actions. in addition to the damages

and nominal costs found by the jury. Gilh. Com. Pl. 260. DE INFIRMIITATE. Of infirmity. The

principal essoin in the time of Glanville: afterwards called "de male." 1 Reeve, Eng. Law, 115. See DE hLA1.o; Essom.

DE INGRESSU. Orig. 227b, et seq

A writ 0!! entry. Reg.

DE INJURIA, of [his own] wrong. In the technical language of pleading, a replication (le injuria is one that may he made In an action of tort where the defendant has admitted the acts complained of, but alleges, in his plea, certain new matter by way of justiflcation or e_\'u.1se; by this replication the plaintiff avers that the defendant committed the grievances in question “of his own Wrong, and without any such cause," or motive or excuse, as that alleged in the plea, (dc injuria. sua propria absqu/e tail caum;) or, admitting part of the matter pleaded, “without the rest of the cause" alle-god, (1111-sqllt‘ rcwidzia causw.)

In form It is a species of traverse, and it is ti-equently used when the pleading of the defendant. In answer to which it is directed, consists merely of matter of excuse of the alleged trespass. grievance, ‘breach of contract, or other cause of action Its comprehensive character In putting In issue all the material facts of the defendant's plea has also ohtained for it the title of the general replicntion. Holthouse

DE INOFFICIOSO TESTAMENTO. Concerning an mniiicions or undutiful will. A title of the civil law. Inst. 2. 18.

DE INTEGRO. As it was before.

Anew; a second time.

DE INTRUSIONE. A writ of intrusion; where a stranger entered after the death of



the tenant, to the injury or the reverslaner. Reg. Orig. 2331;

DE JAGTURA EVITANDA. For avoiding a loss. A phrase applied to a (lefcnd- ant, as dc inc-ro coptumio is to a plajutiil, Jones v. Sevier, I. Lltt. (Ky.) 51, 13 Am. Dec. 218.

DE JUDAISMO, STATUTUM. The name or a statute passed in the reign of Ed- ward 1 which enacted severe and arbitrary penalties against the Jews.

DE JUDICATO SOLVENDO. For mp‘- ment of the amount adjudged. A term applied in the Scotch law to bail to the ncilnl. or special bail.

DE :IUDIcIIs. OI! judicial pI‘OC('.9llIll[:l The title of the second part of the Iiigesfl or Pandects. including the fifth, sixth, ww- enth, eighth. ninth, tenth, and eleventh hnoks. See Dig. prooem. 5 8.

DE JUDICIO SISTI. For appearing in court. A term applied in the S|.DlLl.1 and ndmirzilty law, to ball for a's appearance.

DE JIIRE, or right; legitimate: law- ful; by right and just title. In this same it is the contrary of de fuctu, (which see) It may also be cuutrasied with de gratin. Lu which case It means “as a matter or right." as do gratia means "by grace or favor.” Again it may he contrasted with tie arguitnie; here meaning “by law,” as the latter means "by equity." See Govnmnnar.

De Jnra deeimanun, nriginem ducenl de jure patronatns, tune cognitin spectnt at legem uivilem, i. e., cnmmunem. Gmlh. 63. With regard to the right of tithes, deduca'ng its origin from the right of the patron, then the cognizance of them be- longs to the civil law; that Is, the common law.

DE LA PLUIS BEALE, or BELLE. L. Fr. Of the most fair. A term applied to a species of (lower, which was asslgned out of the fairest or the husband's tenements. Litt. § 48. This was abolished with the military tenures. 2 Bl. Comm 132; 1 Steph. Comm. 252.

DE LATERE. From the side: on the side; collaterally; of collaterals. (Tail. 5. I5, 6.

DE L]-IGATIS ET FIDEI COQISSIS. Of legacies and trusts. The name of a title of the Pandects. Dig, 30.

DE LEPROSO AMOVENDO. Writ I'll! removing a leper. A writ to remove a leper

who thrust himself Into the company or bis