DISJUNCTIVE TERM. One which is plac ed between two contraries, by the affirming of one of which the other is taken away : it Is usually expressed by the word or. See 3 Ves. 450; 1 P. Wms. 433; 2 Cox, Ch. 213; 2 Atk. 643 ; 2 Ves. Sen. 67; Cro. Eliz. 525; 1 Bingh. 500; Ayliffe, Pand. 56.
In the civil law, when a legacy is given to Caius or Titius, the word or is considered and, and both Caius and Titius are entitled to the legacy in equal parts. 6 Toullier, n.
704. See COPULATIVE TEEM; CONSTRUCTION.
To remove. To send out of court. Formerly used in chancery of the removal of a cause out of court without any farther hearing. The term is now used in courts of law also.
It signifies a final ending of a suit, not a final judgment on the controversy, but an end of that proceeding ; Taft v. Transp. Co., 56 N. H. 417; Conner v. Drake, 1 Ohio St. 170. It is well settled that the judgment of a court dismissing a suit for want of juris diction does not conclude the plaintiff's right of action ; Smith v. McNeal, 109 U. S. 429, 3
Sup. Ct. 319, 27 L. Ed: 986.
After a decree, whether final or interloc utory, has been made by which the rights of a party defendant have been adjudicated, or such proceedings have been taken as entitle the defendant to a decree, the complainant will not be allowed to dismiss his bill without the consent of the defendant ; Chicago & A. R. R. Co. v. Mill Co., 109 U. S. 713, 3 Sup. Ct. 594, 27 L. Ed. 1081.
The effect of dismissals under the codes of some of the United States, has been much discussed. Thus in New York, "a final judgment dismissing the complaint, either before or after a trial, render ed in an action hereafter commenced," does not pre vent a new action for the same cause of action, an less it expressly declares that it is rendered upon the merits.