Blacks Law Dict. 1st ed

350

DEMANDA

DELIRIUM

to the defendant, or the payment of their val ue, if so adjudged. DELIVERY ORDER. An order ad dressed, in England, by the owner of goods to a person holding them on his behalf, re questing him to deliver them to a person named in the order. Delivery orders are chiefly used in the case of goods held by dock companies, wharfingers, etc. DELUSION. In medical jurisprudence. An insane delusion is an unreasoning and in corrigible belief in the existence of facts which are either impossible absolutely, or, at least, impossible under the circumstances of the in dividual. It is never the result of reasoning and reflection; it is not generated by them, and it cannot be dispelled by them; and hence it is not to be confounded with an opinion, however fantastic the latter may be. 10 Fed. Rep. 170. DEM. An abbreviation for "demise;" e* g., Doe dem. Smith, Doe, on the demise of Smith. DEMAIN. See DEMESNE. D E M A N D, v. In practice. To claim as one's due; to requhe; to ask relief. To summon; to call in court. "Although sol emnly demanded, comes not, but makes de fault." DEMAND, n. A claim: the assertion of a legal right; a legal obligation asserted in the courts. "Demand" is a word of art of an ex tent greater in its signification than any other word except " claim." Co. Litt. 291; 2 Hill, 220. Demand embraces all sorts of actions, rights, and titles, conditions before or after breach, executions, appeals, rents of all kinds, covenants, annuities, contracts, recognizances, statutes, commons, etc A release of all demands to date bars an action for damages accruing after the date from a nuisance previously erected. 1 Denio, 257. Demand is more comprehensive in import than " debt" or "duty." 4 Johns. 536; 2 Hill, 220. Demand, or claim, is properly used in reference to a cause of action. 32 How. Pr. 280. An imperative request preferred by one person to another, under a claim of right, re quiring the latter to do or yield something or to abstain from some act. DEMAND IN RECONVENTION. A demand which the defendant institutes in consequence of that which the plaintiff has brought against him. Used in Louisiana. DEMANDA. In Spanish law. The pe tition of a plaintiff, setting forth his demand. Las Partidas, pt. 8, tit. 10,1. S.

it acts without being directed by the power of volition, which is wholly or partially sus pended. This happens most perfectly in dreams. But what is commonly called "de lirium" is always preceded or attended by a feverish and highly diseased state of the body. The patient in delirium is wholly un conscious of surrounding objects, or con ceives them to be different from what they really are. His thoughts seem to drift about, wildering and tossing amidst distracted dreams. And his observations, when he makes any, as often happens, are wild and Incoherent; or, from excess of pain, he sinks into a low muttering, or silent and death-like stupor. Rush, Mind, 9, 298. The law contemplates this species of men tal derangement as an intellectual eclipse; as a darkness occasioned by a cloud of disease passing over the mind; and which must soon terminate in health or in death. 1 BJand. 386. DELIRIUM FEBRILE. In medical ju risprudence. A form of mental aberration incident to fevers, and sometimes to the last stages of chronic diseases. DELIRIUM TREMENS. A species of mental aberration or temporary insanity which is induced by the excessive and pro tracted use of intoxicating liquors. DELITO. In Spanish law. Crime; a crime, offense, or delict. White, New Recop. b. 2, tit. 19, c. 1, § 4. DELIVERANCE. In practice. The verdict rendered by a jury. DELIVERY. In conveyancing. The final and absolute transfer of a deed, properly executed, to the grantee, or to some person for his use, in such manner that it cannot be recalled by the grantor. 13 N". J. Eq. 455; 1 Dev. Eq. 14. In the law of sales. The tradition or transfer of the possession of personal prop erty from one person to another. Delivery is either actual or constructive. Thus, if goods cannot conveniently be actually handed from one person to another, as if they are in a warehouse or a ship, the delivery of the key of the warehouse, a delivery order, bill of lading, etc., is a constructive or symbolical delivery of the goods themselves. Williams, Pers. Prop. 37; Benj. Sales, 573. In medical jurisprudence. The act of a woman giving birth to her offspring. DELIVERY BOND. A bond given upon the seizure of goods (as under the rev enue laws) conditioned for their restoration

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