Inquiry Writ Of - Law Dictionary Search Results
Home Dictionary Name: inquiry writ of Page: 2Ground-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....
Original Writ or Original
Original Writ or Original [breve originale, Lat.], was the beginning or foundation of a real action at Common Law. It is also applied to processes for some other purposes.It was a mandatory letter issuing out of the Common Law or ordinary jurisdiction of the Court of Chancery (see now CHANCERY), under the Great Seal, and in the sovereign's name, addressed to the sheriff of the county where the injury was committed, containing a summary statement of the cause of complaint, andrequiring him to command the defendant to satisfy the claim, and, on his failure to comply, then to summon him to appear in one of the superior Courts of Common Law. In some cases it simply required the sheriff to enforce the appearance. Original writs differed from each other in their tenor, according to the nature of the plaintiff's complaint, and were conceived in fixed and certain forms. Many of these are of a remote antiquity; others are of later origin, and their history is as follows:-The ancient writs had p...
Writ
Writ [breve, Lat.], a judicial process, by which any one is summoned as an offender; a legal instrument to enforce obedience to the orders and sentences of the courts. For the particular writs, see their distinctive names, as assistance, capias, etc.The (English) Real Property Limitation Act, 1833, abolished all writs in real and mixed actions (except in dower unde nihil habet, quare impedit or ejectment), expressly naming sixty abolished writs (e.g., the writ of right de rationabili parte, of quo jure, of assize of novel disseisin, of entry sur disseisin in the quibus, of waste, of partition, and of per qu' servitia. See also Co. Litt.; Hargr. And Butler's Notes to s. 101, and Index to Notes, ibid. 18th Edn.The most used modern writ is the Writ of Summons, by which (corresponding to the 'Plaint' in a County Court) an action in the High Court of Justice is commenced. See SUMMONS, and for other writs in actions see EXECUTION, ELEGIT, FIERI FACIAS, POSSESSION, and VENDITIONI EXPONAS. For...
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....
Magna assisa eligendia, Writ de
Magna assisa eligendia, Writ de. The first species of extraordinary trial by jury is that of the grand assize, which was instituted by Henry II., in parliament, by way of alternative offered to the choice of the tenant or defendant in a writ of right, instead of the barbarous and unchristian custom of duelling. The writ issued to the sheriff to return four knights, who were to elect and choose twelve others to be joined with them, and these, all together, formed the grand assize or great jury, which was to try the matter of right. Abolished by 3 & 4 Wm. 4, c. 27, 3 Bl. Com. 351....
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