a decision that is made during a suit that will clarify and decide a point that has been raised.
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DECREE NISI
A provisional decree, which will be made absolute on motion unless cause be shown against it. In English practice, it is the order made by the court for divorce, on […]
DECREE OF CONSTITUTION
In Scotch practice. A decree by which a debt is ascertained. Bell. In technical language, a decree which is requisite to found a title in the person of the creditor, […]
DECREE OF DIVORCE
the term that is given to the judgement that is issued by a court and grants a divorce.
DECREE OF FORECLOSURE AND SALE
A decree the court gives stating a property is collateral for a mortgage and can be sold to pay remaining debt.
DECREE OF FORTHCOMING
In Scotch law. A decree made after an arrestment (g. v.) ordering the debt to be paid or the effects of the debtor to be delivered to the arresting creditor. […]
DECREE OF INSOLVENCY
One entered in a probate court , declaring the estate in question to be insolvent, that is. that the assets are not sufficient to pay the debts in full. Rush […]
DECREE OF INTERPLEADER
the decree that orders the rival claimants in a suit to litigate between themselves and determine who is entitled to claim.
DECREE OF LOCALITY
In Scotch law. The decree of a teind court allocating stipend upon different heritors. It is equivalent to the apportionment of a tithe rent-charge.
DECREE OF MODIFICATION
In Scotch law. A decree of the teind court modifying or fixing a stipend.
DECREE OF NUDITY
One entered in a suit for the annuilment of a marriage, and adjudging the marriage to have been null and void ab initio. See NUIXITY.
DECREE OF NULLITY
the term used when a decision has been made to annul a marriage. The marriage has been deemed to have not taken place.
DECREE OF REGISTRATION
In Scotch law. A proceeding giving immediate execution to the creditor; similar to a warrant of attorney to confess judgment.
DECREE PRO CONFESSO
One entered in a court of equity in favor of the complainant where the defendant has made no answer to the bill and its allegations are consequently taken “as confessed.” […]
DECREET
In Scotch law. The final Judgment or sentence of a court
DECREET ABSOLVITOR
A decree dismissing a claim, or acquitting a defendant. 2 Kames. Eq. 307
DECREET ARBITRAL
An award of arbitrators. I Kames. Eq. 312. 313; 2 Kames Eq. 307.
DECREET CONDEMNATOR
One where the decision is in favor of the plaintiff. Ersk. Inst. 4, 3, 5.
DECREET OF VALUATION OF TEINDS
A sentence of the court of sessions , (who are now iu the place of the commissioners for the valuation of teinds,) determining the extent and value of teinds. Bell.
DECREMENTUM MARIS
Lat. In old English law . Decrease of the sea; the receding of the sea from the land. Callis, Sewers, (03,) 65. See RELICTION.
DECREPIT
This term designates a person who is disabled, incapable, or incompetent , either from physical or mental weakness or delects, whether produced by age or other causes, to such an […]
DECRETA
In the Roman law. Judicial sentences given by the emperor as supreme judge.
DECRETA CONCILIORUM NON LIGANT REGES NOSTROS
Moore, 900. The decrees of councils bind not our kings.
DECRETAL ORDER
See DECKEE; OB- DEK.
DECRETALES GREGORII NONI
The decretals of Gregory the Ninth. A collection of the laws of the church, published by order of Gregory IX. in 1227. It is composed of five books, subdivided into […]