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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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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