Page:Black's Law Dictionary (Second Edition).djvu/384

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


DISFRANCHISEMENT

DISFRANCHISEMENT. The act of distranchising. The act of depriving a member of a corporation of his right as such, by expulsion. 1 Bouv. Inst. no. 192. Richards v. Clarksburg. 30 W. Va. 491, 4 S. E. 774: White v. Brownell, 4 Abb. Prac. (N. S.) (N. Y.) 192.

It differs from nmotion, (g. 1.7.) which is applicable to the removal of an officer from office, leaving him his rights as a member. Wi.Llcock, Mun. Corp. no. 708; Ang. & A. Col p. 237.

In a more popular sense, the taking away of the elective franchise (that is, the right of voting in public elections) from any citi- zen or class of citizens

DISGAVEL. In English law. To deprive lands of that principal quality of gavelhind tenure by which they (lescend equally among all the sons of the tenant 2 Wood. Lect. 76; 9 Bl. Comm. 85.

DXSGRACE. Ignominy: shame; dishon- or. No witness is required to disgrace him- self. 13 How. State Tr. 11, 334.

DXSGRADING. In old English law. The depriving of an order or dignity.

DISGUXSE. A counterfeit habit; a dress intended to conceal the person who wears it Webster.

Anything worn upon the person with the intention of so altering the wearer's appear- ance that he shall not be recognized by those familiar with him, or that he shall be taken for another person.

A person lying in ambush, or concealed be- hind bushes. is not in “disguise," within the meaning of a statute declaring the county linhle in damages to the next of kin of any one murdered by persons in disguise. Dale County v. Gunter. 46 Ala. 118, 142.

DIS]-IERISON. Disinheritance; depriving one of an inheritance Obsolete. See Abernethy v. Orton. 42 Or. 437, 71 Pnc. 327, 95 Am. St Rep. 774

DISHONOR. In mercantile law and usn::e. To refuse or decline to accept a hill of exchange, or to refuse or neglect to pay a hill or note at maturity. Shelton v. Braith- waiie, 7 Moes. & W. 436; Brewster v. Arnold, 1 Wis. 276.

A negotiable instrument is dishonored

when it is either not paid or not accepted, according to its tenor. on presentment for that purpose, or without presentment where that is excused. Civ. Code Cal. 5 3141. —Notice of dishonor. When a negotiable hill or note is dishonored by nonscceptance on press-ntmtnt for acceptance, or by non-psymcnt at its maturity, it is the duty of the holder to ziie immediate notice of such dishonor to the drawer, if it be a bill, and to the indorser, whether it be a hill or note. 2 Daniel, Neg. inst. § 970.

DISXNCARCERATE. to free from prison.

To set at liberty,

376

DISMISSAL

DISINHERISON. In the civil law. The act of depriving a forced heir of the inherit- ance which the law gives hi.m.

DISINHERITANCE. The act by Which the owner of an estate deprives a person of the right to inherit the same, who wold otherwise he his heir.

DISINTER. To exhume, unhury, tnlre out of the grave. Peopie v. Bfl\llJ1gill'iA“, 135 Cal. 72, 66 Pac. 974.

DISINTERESTED. Not concerned, in respect to possible gain or loss. in the ruuit of the pending proceedings; impzirml, not blused or prejudiced. Chase v. Rutland, -il Vt. 393; In re Big Run, 137 Pa. 590. 20 :\t 711; McGilvery v. Staples, 81 Me 101, It Atl. 404; Wolcutt v. Ely. 2 Alien (M.-1ss.l 3-il); Hickerson v. Insurance Co.. 96 Ten 1‘.J.i, :13 S. W’. 1041, 32 L. R. A. 172. —Disinterested witness. One who has no interest in the cause or matter in issue, and who is lawfully competent to testify. Jones v Larrahee. 41' Me. 474; Vvarrcn v. Baxter 494 Me. 195; Appeal of Combs. 105 Pa. 15;’); State v. Easterlin. 61 S. C. 71, 39 S. E. 250.

DISJUNCTXM. Lat. In the civil law. Separately; severally. The opposite of con- iunctim. (q. 9;.) Inst 2, 20, 8.

DISJUNCTIVE ALLEGATION. A statement in a pleading or indictment which expresses or charges a thing alternatively, with the conjunction "or ;" for instance, an averment that defendant "murdered or caused to be murdered," etc., would be of this character.

DISJUNCTIVE TERM. One which Is placed between two contrnries, by the aihrming of one of which the other is taken nway; it is usually expressed by the word “or."

DISMES. Tenths; tithes, (q. 1:.) The original form of "(l.ime_” the name of the American coin.

DXSMISS. To send away; to discharge: to cause to be removed. To dismiss an action or suit is to send it out of court without any further consideration or hearing. Bos- Iey v. Bruner, 24 Miss. 462; Tsft v. Northern Transp. 00.. 56 N. H. 411; Goldsmith v. Smith (C. C.) 21 Fed. 614.

DISMISSAL. The dismissal of an action. suit, motion, etc., is on order or judgment finally disposing of it by sending it out of court, though without a trial of the issues in- volved. Frederick v. Bank, 106 iii. 149; Dowling v. Polack, 18 Oal. 6'27: Brackenrirlgs v. State. 27 Tex. App. 513. 11 S. W. (:30. 4 ii. R. A. 360.

—Diunissnl agreed. A dismissal entered in accordance with the agreement of the puriws. amounting to an adjudication of the matters in dispute betwsen them or to o renunciation by

the complainant of the claims asserted in his