IN DORSO

4 definitions found across Law Mind sources

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IN DORSOAuthored
The Law Mind • 703 words
Definition
Latin: "on the back." A phrase used in legal instruments and records to indicate that something appears on the reverse side of a document. Most commonly encountered in the compound phrase *in dorso recordi* — "on the back of the record" — referring to notations, endorsements, or entries made on the reverse of a court roll or official document. The phrase is principally significant as the etymological and legal root of the English terms *indorse* and *indorsement*, which derived directly from this Latin expression and carried into commercial and procedural law as terms of art in their own right. ---
Common Confusion
IN DORSO should not be confused with indorsement as a substantive legal concept. *In dorso* is a descriptive Latin phrase pointing to the physical location of a writing — the back of a document. *Indorsement* (or endorsement) is the legal act itself, with its own body of rules governing negotiable instruments, transfers, and liability. Researchers encountering *in dorso* in older records are seeing the ancestor of that doctrine, not the doctrine itself. ---
Why It Matters in Research
The primary research value of *in dorso* is genealogical: it explains the origin of *indorse* and *indorsement* in sources where those terms otherwise appear without explanation. Pre-modern legal texts and court rolls may use *in dorso* or *in dorso recordi* as a plain descriptive notation rather than a term of art, and researchers should read it literally — it locates content on the back of the record, no more. The phrase *in dorso recordi* appears in procedural and pleading contexts in older common law practice, particularly in connection with entries on the dorse of court rolls and plea rolls. When working with historical English court records, researchers should be alert to the fact that the "back of the record" was a functional location for certain official entries, not merely an incidental annotation — the physical placement carried procedural significance in the recording practices of common law courts. Because *in dorso* dropped out of active legal usage as English terms replaced Latin in practice (accelerated in England by the mid-seventeenth century court reforms and confirmed by later plain-language requirements), it appears almost exclusively in historical materials. Researchers consulting 19th-century American legal dictionaries will find *in dorso* treated as background explanation for *indorsement* rather than as a living term requiring its own analysis. No meaningful jurisdictional variation applies — the phrase is historical Latin, not a term that diverged across American states or between common law jurisdictions. ---
Historical Dictionary Support
All four source dictionaries are in complete agreement on meaning and derivation. Black's (both editions), Burrill, and Bouvier all define *in dorso* as "on the back," cite the same authorities (Blackstone's *Commentaries* 2:468 and Stephen's *Commentaries* 2:164), and unanimously identify *in dorso recordi* as the specific legal compound, citing Coke (5 Co. 45). Each traces the English words *indorse* and *indorsement* directly to this phrase. What the historical dictionaries do not provide is any substantive analysis of *in dorso* as an independent legal concept — and that silence is itself instructive. These sources treat the phrase as an etymological entry, not a doctrinal one. Researchers should not expect to find rules, tests, or case law built around *in dorso* itself. The dictionaries are pointing researchers toward *indorsement* as the operative doctrine, using *in dorso* only to explain how that doctrine got its name. Burrill uses the variant spelling *dorse* alongside *indorsement*, which occasionally appears in older English sources and may cause confusion when cataloging. ---
Related Terms
Indorsement (indorse) — the direct English derivative; the operative legal concept for negotiable instruments and document transfers Endorsement — variant spelling; functionally equivalent in modern usage In dorso recordi — compound form; "on the back of the record" Dorse — archaic English variant derived from the same root Negotiable instruments — the primary modern doctrinal home of indorsement Court rolls / plea rolls — historical record formats where in dorso notations appeared Blank indorsement — subtype of indorsement; useful next term for researchers following this chain Special indorsement — subtype; similarly relevant to indorsement doctrine research
IN DORSOmain
Black's Law Dictionary • 1891
On the back. 2 Bl. Comm. 468; 2 Steph. Comm. 164. In dorso recordi, on the back of the record. 5 Coke, 45. Hence the English indorse, indorsement, etc. In dubiis, benigniora præferenda sunt. In doubtful cases, the more favorable views are to be preferred; the more liberal interpre- tation is to be followed. Dig. 50, 17, 56; 2 Kent, Comm. 557. In dubiis, magis dignum est accipi- endum. Branch, Princ. In doubtful cases, the more worthy is to be accepted. in the cause.
IN DORSOmain
Black's Law Dictionary (2nd Ed.) • 1910
On the back. 2 Bl. Comm. 468; 2 Steph. Comm. 164. In dorso recordi, on the back of the record. 5 Coke, 45. Hence the English indorse, indorsement, etc. In dubiis, benigniora prseferenda sunt. In doubtful cases, the more favorable views are to be preferred; the more liberal interpretation is to be followed. Dig. 50, 17, 56; 2 Kent, Comm. 557. In dubiis, magis dignum est accipiendum. Branch, Princ. In doubtful cases, the more worthy is to be accepted. In dubiis, non presumitur pro testamento. In cases of doubt, the presumption is not in favor of a will. Branch, Princ. But see Cro. Car. 51.
IN DORSOmain
Burrill's Law Dictionary • 1870
L. Lat. On the back. 2 Bl. Com. 468. 2 Steph. Com. 164. dorso recordi; on the back of the cord. 5 Co. 45. Hence the English dorse, indorsement, &c. rein-

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