Category: D

In English law. A writ which lay for a man who had aliened lands under duress by imprisonment, to restore tohim his proper estates. 2 Inst. 482. Abolished by St. 3 & 4 Wm. IV. c. 27.

(While he was within age.) In old English practice. A writ of entry whichformerly lay for an infant after he had attained his full age. to recover lands which hehad aliened in fee, in tail, or for life, during his infancy; and, after his death, his heirhad the same reme- dv. Reg. Orig. 2286; Fitzh. Nat. Brev. 192. G: Litt.

The name of a writ which the heirs of a person who was non compos mentis, and who aliened his lands, might pave sued out to restore him to his rights. Abolished by 3 & 4 Wm. IV. c. 27.

This phrase is synonymous with “due process of law.” or “the law of the land.” and the general definition thereof is “lawin its regular course of administration through courts of justice;” and. while not alwaysnecessarily confined to judicial proceedings, yet these words have such a signification,when used to designate the kind of an eviction, or ouster, from real estate by which aparty is dispossessed, as to preclude thereunder proof of a constructive evictionresulting from the purchase of a paramount title when hostilely asserted bv the partyholding it. See Adler v. Whitbeck. 44 Ohio St. 509, 9 N. E. 072: In re Dorsev. 7 Port.(Ala.) 404: Backus v. Shinherd. 11 Wend. (N. Y.) 035; Dwight v. Williams. 8 Fed. Cas. 187

the date that a debt will fall due on.

Such a measure of prudence, activity, or assiduity, as is properly to be expected from, and ordinarily Êexercised by, a reasonable and prudent man under the particular circumstances; not measured by any absolute standard, but depending on the relative facts of the special case. Perry v. Cedar Falls, 87 Iowa, 315, 54 N. W. 225; Dillman v. Nadelhoffer, 1G0111. 121, 43 N. E. 378; Hendricks v. W. U. Tel. Co., 120 N. C. 304, 35 S. E. 543, 78Am. St. Rep. 058; Highland Ditch Co. v. Mumford. 5 Colo. 330.

No fixed rule can be established as to what shall constitute “duenotice.” “Due” is a relative term, and must be applied to each case in the exercise ofthe discretion of the court in view of the particular circumstances. Lawrence v. Bowman, 1 McAll. 420, 15 Fed. Cas. 21; Slatteryv. Doyle, 180 Mass. 27, 61 N. E. 264; Wilde v. Wilde, 2 Nev. 306.

Law in its regular course of administration through courts of justice. 3 Story, Const.264, 661. ÒDue process of law in each particular case means such an exercise of the powers of the government as the settled maxims of law permit and sanction, and under such safeguards for the protection of individual rights as those maxims prescribe for the class of cases to which the one in question belongs.Ó Cooley, Const. Lira. 441. Whateve Êrdifficulty may be experienced in giving to those terms a definition which will embrace every permissible exertion of power affecting private rights, and exclude such as is forbidden, there can be no doubt of their meaning when applied to judicial proceedings.They then mean a course of legal proceedings according to those rules and principles which have been established in our systems of jurisprudence for the enforcement and protection of private rights. To give such proceedings any validity, there must be a tribunal competent by its constitution

(Lat. Bring with you.) The name of certain species of writs, of whichthe subpoena duces tecum is the most usual, requiring a party who is suiumon’vJ toappear in court to bring with him son document, piece of evidence, or other thing to beused or inspected by the court.

This term applies to the evidence that gives adequate proof that is backed by facts that are incontrovertible.