Alternative Writ - Law Dictionary Search Results
Home Dictionary Name: alternative writ Page: 2Inquiry, writ of
Inquiry, writ of. This is a writ addressed to the sheriff of the county in which the venue is laid, stating the proceedings in an action, and 'because it is unknown what damages the plaintiff has sustained,' commanding the sheriff that, by the oath of twelve men of his county, he diligently inquire into the same, and return the inquisition into court. The writ is necessary after an interlocutory judgment, the defendant having let judgment go by default, to ascertain the quantum of damages.By (English) R.S.C.1883, Ord. XIII., r. 5, it is provided that where the defendant fails to appear and the plaintiff's claim is for detention of goods and damages, or either of them, interlocutory judgment may be entered, and a writ of inquiry shall issue to assess the value of the goods and the damages, or the damages only, as the case may be; see also Ord. XXXVI., r. 57. By Ord. XXXIII., r. 2, the Court or a judge may at any stage of the proceedings in a cause or matter direct any necessary inquirie...
Si non omnes, Writ of
Si non omnes, Writ of, a writ on association of justices, by which, if all in commission cannot meet at the day assigned, it is allowed that two or more of them may finish the business, Fitz. N.B. 186; Reg. Brev. 202. And after the writ of association, it is usual to make out a writ of si non omnes, addressed to the first justices, and also to those who are associated with them, which, reciting the purport of the two former commissions, commands the justices that if all of them cannot conveniently be present, such a number of them may proceed, etc., Fitz. N.B. 111...
Writ of quo warranto
Writ of quo warranto, a writ of quo warranto is a writ which lies against the person, who according to the relator is not entitled to hold an office of public nature and is only a usurper of the office. It is the person, against whom the writ of quo warranto is directed, who is required to show, by what authority that person is entitled to hold the office, B.R. Kapur v. State of Tamil Nadu, (2001) 7 SCC 231 (315)....
Writ of certiorari
Writ of certiorari, certiorari jurisdiction can be exercised only for correcting errors of jurisdiction committed by inferior Courts or Tribunals. A writ of certiorari can be issued only in the exercise of supervisory jurisdiction which is different from appellate jurisdiction. The writ jurisdiction extends only to cases where orders are passed by inferior Courts or Tribunals in excess of their jurisdiction or as a result of their refusal to exercise jurisdiction vested in them or they act illegally or improperly in the exercise of their jurisdiction causing gave miscarriage of justice, Swarn Singh v. State of Punjab, (1976) 2 SCC 868 (872): AIR 1976 SC 232. (Constitution of India, Art. 226)...
Second deliverance, Writ of
Second deliverance, Writ of, a judicial writ that lies, after a non suit of the plaintiff in replevin, and a retorno habendo of the cattle replevied, adjudged to him that distrained them, commanding the sheriff to replevy the same cattle again, upon security given by the plaintiff in the replevin for the re-delivery of them if the distress be justified. It is a second writ of replevin, and is practically obsolete, Fitz. N.B. 68...
Testatum Writ
Testatum Writ, a process of execution which was issued into a different county than that in which the venue was laid in the declaration; it must have been founded on a writ ejusdem generis, issued into the county of the venue, and returned nulla bona, etc. It was abolished by C.L.P Act, 1852, s. 21. See GROUND WRIT....
Second Surcharge, Writ of
Second Surcharge, Writ of. If after admeasurement of common, upon a writ of admeasurement of pasture, the same defendant surcharged the common again, the plaintiff might have had this writ of second surcharge de secunda superoneratione, which is given by Stat. West. 2,13 Edw. 1, c. 8, rep....
Mesne, writ of
Mesne, writ of, an ancient and abolished writ, which lay when the lord paramount distrained on the tenant paravail; the latter had a writ of mesne against the mesne lord....
Right, Writ of
Right, Writ of [breve de recto, Lat.], a procedure for the recovery of real property after not more than sixty years' adverse possession; the highest writ in the law, sometimes called the writ of right proper. Abolished by 3 & 4 Wm. 4, c. 27; last used in 1835 in Davies v. Lowndes, (1835) 1 Bing NC 597....
Post, Writ of Entry in
Post, Writ of Entry in, an abolished writ given by the Statute of Marlbridge, 52 Hen. 3, c. 29, which provided that when the number of alienations or descents exceeded the usual degrees, a new writ should be allowed, without any mention of degrees at all....
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