Page:Black's Law Dictionary (Second Edition).djvu/347

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without confession, whether they refused to confess or whether they were criminals to whom the sacrament was refused.

DECOY. To inveigle. entice, tempt, or hire; as, to decoy a person within the jurisdiction of a court so that he may he served with process, or to decoy a fugitive criminal to a place where he may be arrested without extradition papers, or to decoy one away from his place of residence for the purpose of kidnapping him nnd as I1 part of that not In all these uses, the word implies enticement or iurlng by ILIEJIIIS of some fraud, trick, or [8l1I1JtiltlDlJ, but excludes the idea of force. Eberling v. State, 136 Ind. 117. 35 l\'. E. 1023; John v. State, 6 Wyo. 203, 44 l‘nc 51; Campbell v. Hudson, 106 Mich. 523, (rl N. W. 433.

—Decoy letter. A letter prepared and mali- ezl For the purpose of detecting a criminal. particularly one who is perpetratln frauds upon the postal or revenue laws. U. v. Whittier, 5 Dill. 39. Fed. C113. No. 16.68S.—Decoy pond. A pond used for the breeding and mainttnnnce of water-fowL Keehle v. Hiclieringshnil, 3

L allx. .

DEGREE. In practice. The judgment of a court of equity or nilniiralty, answering to the judgment of a court of common law. A decree in equity is a sentence or order of the court. pronounced on hearing and understniidnig ail the points in issue, and determlning the right of all the parties to the suit, according to equity and good conscience. 2 ll-uilell, Ch. Pr. 986; Wooster v. Handy (G. C.) 23 Fed. 56; Itowley v. Van Benthuysen, 16 Wenii. (i\'. Y.) 383; Vance v. Rockwell. 3 Colo. 243; Hulbert v. Alford (Ten) 16 S. W. 81-1.

Decree is the judgment of a. court of equity, and is, to most intents and purposes, the same as a judgment of a court of common law. A deciec, as distinguished from an order. is final, and is made at the hearing of the cause, where- -is an order is interlocutory, and is made on molint] or petition. “hcrever an order may, in a «crmin event resulting from the direction contained in the order. lend to the termination of the suit in iihc manner as a decree made at the lii-aring. ll: ls called a “decretal order." Brown.

In French law. Certain acts of the leg- islature or of the sovereign which have the force of law are called "dccrces;" as the Ber- llu and Milan decrees.

In Scotch law. A final judgment or sentence of court by which the question at issue l-etiveeu the parties is decided.

Classification. Decrees in equity arc either [iuul or intcrlocmorg/. A final decree is one which fully and finally disposes of the whole litigation. determining all questions raised by the case, and leaving nntiiing that rvqnlres further judicial action. Travis v. “"itPI‘S, 12 Johns. (N. Y.) 508: Mills v. Hoag, T Paige (N. Y.) 19. 31 Am. Dec 271: Core v. Stiickler. 24 W. Va. 6&3: Ex parte Critteudeu. 10 Ark. 339. An interlocutory decree is a provisional or preliminary dccree, which is not final and does not determine the suit,



hut directs some further proceedings pre puratory to the final decree. A decree pro- nonnced for the purpose of ascertaining matter of law or fact preparatory to a decree 1 Barb. Ch. Pr. 3'26. 327. Te.-1ft v. Hewitt, 1 Ohio St. 520, 59 Am. Dec. 6%; Wooster v. Handy (C. C.) 23 Fed. mi; Beebe v. Russell. 19 How. 283, 15 L. Ed. 668; Jen- kins v. Wild, 14 Wend (N. Y.) 543.

—Consent decree. One entered by consent of the parties; it is not properly a judicial sentence, but is in the nature of a solemn contract or agreement of the parties. made under th_e sanction of the court, and in eifect an ad- mlSSl_0n by them that the decree is a just doterminafion of their rights upon the reel farts of the case, if such facts hnd been proved. Allen v. [lit-hardson. 9 ltich. Eq. ‘S. C.) "y: Kelly v. Milan (0. U.) 21 Fed. 84' Schmidt v. Mining (‘o.. 28 Or. 9, 40 Pac. 1014. 52 Am. St. Rep. 75D.—Decree dative. In Scotch law. An order of a probate court appointing an ad- n:inistrator.—Dec1-ce nisi. A provisional decrt-c, which will be made absolute on motion unless cause he shown against it. In Entrlisb practice, it is the order made by the court for divorce, on satisfactory proof being given in support of a prtition for dissolution of marriagc: it remains imperfect for at least six months. [which period may be shortened by the court down to three’) and then, unless snflicient cause be shown. it is made absolute on motion, and the dissolution takes effect, subject to appeal. Wharton.-—Decree of constitution. In Scotch practice. A decrvc by which -i debt is ascertained. Bell. In technical language, a decree which is reqiii-site tn found a title in the person of the cridiiur, whothnr that necessitv arises from the dmitli of the dvbtor or of the creditor. ld.—Dec1'ee of forthcoming. In Scotch law. A rlccrve uimle after an arrest- meiit (q. 17.) ordering the debt to be paid or the €fl’f‘f'lLs‘ of the debtor to be delivered to the arresting creditor. P.ell.—Decree of insolven-

cy. One entered in a probate court. tier-lanng the eslate in qucstinn to ho insolvent. thnl is. that the nssets one not suificient to pay the debts in full.

Bush v. Coleman. 121 Ala S48. 2 ‘Valltcr v. Newton. S5 Mn Decree of locality. In Scott-b (rim of a teind court nllocnting stipend upon different hnritors. it is equivalent to the l\p|)l)l'[i0l:|lnFnt of a tithe rent-charge- Decree of modification. In Scotch law. A decree of the mind court modifying or fixinu a stipcnd.—Deeree of nullity. One entercll in It suit for the nnnullment of )1. marriage. nnri alljiiiluinc the in'1rri:igo to have been null and void ob iizilio See l\'UI.'Li'n'.—Decree of reg- istration. In Scotch law. A prnnerflinz ,2" ' ini: immediate execution to the creditor: sini inr to a warrant of attorney to confess judgmcnt —Decree pro confesso. One entered in a court of equity ln favor of the complainant where the defendant has mnrlr no answer to the hill and its ullcnntions are cnnsnquentliv tak- en “as cniifrss-11." Ohln (‘I-nt R. Co. v (‘r-ntr-il Trust C0,. 13.5 U. S. S3, i0 Sup. Ct. 235, 33 L. Ed. 561.


DECREET. In Scotch law. judgment or sentence of a court.

The finrii

A dccrec dismlssinr: n or acquitfins a rlcfrudunt. 2 Kames. Eq. Decreet arbitral. An award‘ of ar- 1 Kzinirs. Er}. 312. 313: 2 I\. IFS Eq. 3 Decreet cognitionis cnusi. “ licn e cre itor brings his action agninst the heir of his debtor in order to constitute the debt against him and attach the lunds, and the heir appears and renounces the succession, the mint then pronounces a decree cuynitioizia causu. Bcll.—Decreet contlemnntor. One where

—Decreet ehsolvitor. claim. . 3?