Ground Writ - Law Dictionary Search Results
Home Dictionary Name: ground writ Page 1 of about 812 results (0.005 seconds)Ground-writ
Ground-writ. Before the C.L.P. Act, 1852, a ca. Sa. (capias ad satisfaciendum, (q.v.) or fi. fa. (fieri facias, q.v.) could not be issued into a county different from that in which the venue in the action was laid, without first issuing a writ called a ground-writ into the latter county, and then another writ, which was called a testatum writ, into the former. The 121st s. of that Act abolished this useless process. See EXECUTION....
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....
Habeas corpus ad subjiciendum
Habeas corpus ad subjiciendum (that you have the body to answer). This, the most celebrated prerogative writ in the English law, is a remedy for a person deprived of his liberty. It is addressed to him who detains another in custody, and commands him to produce the body, with the day and cause of his caption and detention, and to do, submit to, and receive whatever the judge or Court shall consider in that behalf. The writ is applied for either by motion to a Court or application to a judge, supported by an affidavit of the facts. (See (English) Crown Office Rules, 1906, rr. 216-230.) If a probable ground be shown that the party is imprisoned without a cause and has a right to be delivered, this writ ought of right to be granted to every man committed or detained in prison or otherwise restrained, though by command of the sovereign, the Privy Council, or any other power. Therefore there is an absolute necessity of express-ing upon every commitment the reason for which it is made, that ...
writ
writ [Old English, something written] 1 : a letter that was issued in the name of the English monarch from Anglo-Saxon times to declare his grants, wishes, and commands 2 : an order or mandatory process in writing issued in the name of the sovereign or of a court or judicial officer commanding the person to whom it is directed to perform or refrain from performing a specified act NOTE: The writ was a vital official instrument in the old common law of England. A plaintiff commenced a suit at law by choosing the proper form of action and obtaining a writ appropriate to the remedy sought; its issuance forced the defendant to comply or to appear in court and defend. Writs were also in constant use for financial and political purposes of government. While the writ no longer governs civil pleading and has lost many of its applications, the extraordinary writs esp. of habeas corpus, mandamus, prohibition, and certiorari indicate its historical importance as an instrument of judicial auth...
habeas corpus
habeas corpus [Medieval Latin, literally, you should have the body (the opening words of the writ)] : any of several writs originating at common law that are issued to bring a party before the court ;esp : habeas corpus ad subjiciendum in this entry [the privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it "U.S. Constitution art. I"] habeas corpus ad fa·ci·en·dum et re·ci·pi·en·dum [-ad-fa-sē-en-dəm-et-ri-si-pē-en-dəm, -fa-shē-en-; -Ä d-fÄ -kē-en-dm-et-rā-kē-pē-en-dm] [New Latin, literally, you should have the body for doing and receiving] : habeas corpus cum causa in this entry habeas corpus ad pro·se·quen·dum [-ad-prÄ -si-kwen-dəm, -Ä d-prō-sā-kwen-dm] [New Latin, literally, you should have the body for prosecuting] : a writ for removing a prisoner for trial i...
Prohibition
Prohibition, a writ to forbid any court to proceed in any cause there depending, on the suggestion that the cognizance thereof belongs not to such Court. It is a remedy provided by the Common Law against the encroachment of jurisdiction.The writ issued not only out of the King's Bench, but also out of the Courts of Chancery, Exchequer, and Common Pleas, and now issues out of the High Court of Justice, on application by motion supported by affidavits for a rule to show cause (Rules 70, 71, of Crown Office Rules, 1906), to any inferior Court concerning itself with any matter not within its jurisdiction. If either the judge or a party proceed after such prohibition, an attachment may be had against them for contempt, at the discretion of the Court that awarded it; and an action for damages will lie against them, by the party injured.Sometimes the point is too doubtful to be decided upon motion, and the party applying is directed to declare in prohibition, setting forth concisely so much o...
Procedendo
Procedendo, a writ which issued out of the Common Law jurisdiction of the Court of Chancery, when judges of any subordinate Court delayed the parties, for that they would not give judgment either on the one side or on the other, when they ought so to do. In such a case, a writ of procedendo ad judicium was awarded, commanding the inferior Court in the King's name to proceed to judgment, but without specifying any particular judgment; for that, if erroneous, might be set aside by proceedings in error, or by writ of false judgment; and upon further neglect or refusal, the judges of the inferior Court might be punished for their contempt by writ of attachment, returnable in the courts at Westminster, 3 Bl. Com. 109. It also lay where an action had been removed from an inferior to a superior Court by habeas corpus, certiorari, or any like writ, and it appeared to the superior Court that it was removed on insufficient grounds. A suit once so remanded could not afterwards be removed before j...
Quod permittat
Quod permittat, a writ which, before the abolition of real actions, lay against any person who erected a building, though on his own ground, so near to the house of another that it hung over or became a nuisance to it, Termes de la Ley, 479. Abolished. See Roscoe on Real Actions, p. 40.Means 'that he permit'. A writ to prevent an interference in the exercise of a right, such as a writ for the heir of someone disseised of a common of pasture against the heir of the disseisor, Black's Law Dictionary, 7th Edn., p. 1263....
Quare obstruxit
Quare obstruxit, a writ which lay for him who, having a liberty to pass through his neighbour's ground, could not enjoy his right because the owner had obstructed it, Fleta, 1. 4, c. 26.Means why he obstructed. A writ for one who could not enjoy a privilege to pass though a neighbour's land because the neighbour had obstructed the path, Black's Law Dictionary, 7th Edn., p. 1256....
Procedendo
A writ by which a cause which has been removed on insufficient grounds from an inferior to a superior court by certiorari or otherwise is sent down again to the same court to be proceeded in there...
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