departure in despite of court
departure in despite of court (英格兰古法)藐视法庭而擅自退庭 指在不动产权益诉讼〔real action〕中经法庭再次传唤而被告未到庭。在该种诉讼中，被告一旦出庭即被推定为在再次传唤前他可以随时到庭，所以，如果法庭再次传唤而被告〔tenant〕未到，即构成「藐视法庭而擅自退庭」。 (→retraxit)
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Search Results for: DEPARTURE IN DESPITE OF COURT
departure in despite of court
departure in despite of court. Hist. A failure of a defendant (called a tenant) in a real action to appear on demand. • A tenant, having once appeared in a real action, was considered to be constructively present until again called. So if the tenant failed to appear when demanded, the tenant was said to
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excess of jurisdiction
excess of jurisdiction. 1. A court’s acting beyond the limits of its power, usu. in one of three ways: (1) when the court has no power to deal with the kind of matter at issue, (2) when the court has no power to deal with the particular person concerned, or (3) when the judgment or
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distributive deviation
distributive deviation. A trustee’s authorized or unauthorized departure from the express distributional terms of a trust. • A trustee must apply to the court for authority to deviate from the terms of a trust. In American law, courts rarely authorize deviation unless all the beneficiaries consent and there is no material purpose of the settlor
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