Judicial Writ - Law Dictionary Search Results
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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...
Deliverance, second, writ of
Deliverance, second, writ of. The judgment of non pros. In replevin at Common Law is, that the defendant shall have a return of the goods replevied, and his costs. The plaintiff, however, is not prevented by this judgment from proceeding, for he may sue out the judicial writ of second deliverance, in execution of which the sheriff must again take the goods from the defendant and deliver them to the plaintiff, or the writ will operate in the sheriff's hand as a supersedeas of the writ de retorno habendo, if the latter writ has not as yet been executed. The proceedings upon this writ are the same as in ordinary cases of replevin, and if the defendant have judgment either upon verdict, demurrer, or of non pros., it is for a return irreplevisable, and he shall have a writ de retorno habendo, which being executed, the plaintiff cannot have any further writ of deliverance, 2 Chit. Arch. Prac. See REPLEVIN....
Breve
Breve, a writ, by which a person is summoned or attached to answer an action, complaint, etc., or whereby anything is commanded to be done in the courts, in order to do justice, etc. It is called breve, from the brevity of it, and is addressed either to the defendant himself, or to the chancellors, judges, sheriffs, or other officers, Skene, de verb. 'Breve.' See WRIT; ORIGINAL WRIT; JUDICIAL WRIT.Breve income-tax act dicitur, quia rem de qua agitur, et intentionem patentis, paucis verbis breviter enarrat. 2 Inst. 39.--(A writ is so-called because it briefly states ,in few words, the matter in dispute, and the object of the party seeking relief.)...
Elegit
Elegit (he has chosen), a judicial writ of execution founded on the statute of Westminster II. (13 Edw. 1, c. 18), by which it became, in the election of a party having recovered judgment, either to have a writ of fieri facias (see that title) or else to seize all the chattels and half the land of the judgment debtor in specie until judgment satisfied.The writ of elegit was extended by the (English) Judgments Act,1838 (1 & 2 Vict. c. 110), to all the debtor's lands instead of a moiety as before, and also to his copyhold lands; but it does not now extend to good. [(English) Bankruptcy Act, 1883, s. 146]After the writ has been returned and filed, the creditor becomes tenant by elegit; the legal estate vests in him, and he can bring ejectment or sue for the rent if the estate is in reversion, Hatton v. Haywood, (1874) LR 9 Ch 236. See R.S.C., Ord. XLIII. The writ will not affect the legal estate against a purchaser unless it is registered and re-registered every five years at the (English...
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...
Venditioni exponas
Venditioni exponas, a judicial writ addressed to the sheriff, commanding him to expose to sale goods which he has already taken into his hands, to satisfy a judgment-creditor, Reg. Judic. 33. After delivery of this writ the sheriff is bound to sell the goods, and have the money in Court on the return day of the writ, 3 Steph. Com.By (English) R.S.C. 1883, Ord.XLIII., r. 2, this writ may be sued out where it appears upon the return of a fi. fa. that the sheriff has seized goods but not sold them....
Scire facias
Scire facias [Lat.] (that you cause to know), a judicial writ, founded upon some record, and requiring the person against whom it is brought to show cause why the party bringing it should not have advantage of such record.The writ, though not abolished, is now out of use except in Crown Practice on the Revenue side of the King's Bench Division for recovery of Crown debts and also for rescinding Crown grants and charters, etc. Scire facias on recognizances and to repeal letters patent have been abolished: see as to patents, Patents and Designs Act, 1907. Formerly the issue of the writ was considered in some cases as an original proceeding; in others, interlocutory, and in the nature of process. Consult Hals. L.E., tit. 'Crown Practice.'A scire facias was formerly resorted to in Chancery suits, when they became abated; but this mode became superseded in practice by the order of revivor, which see....
Fieri facias
Fieri facias, usually abbreviated fi. fa. (that you cause to be made), a judicial writ of execution, the most commonly used that lies for him who has recovered any debt or damages in the King's Courts. It is a command to the sheriff, that of the goods and chattels of the party he 'cause to be made' the sum recovered by the judgment, with interest at 4l. per cent. from the time of entered-up judgment, to be rendered to the party who sued it out. If the sheriff return nulla bona, an alias fi. fa. may issue; and upon that being returned, a pluries or testatum fi. fa. may be issued into another county. The 12th s. of the Judgments Act,1838 (1 & 2 Vict. c. 110), authorizes the sheriff to seize money, bank notes, cheques, bills of exchange, etc., of the person against whose effects the writ is sued out; but he cannot seize money or bank notes after the death of the debtor, Johnson v. Pickering, (1908) 1 KB 1.A writ of execution that directs a marshal or sheriff to seize and sell a defendants...
Extirpatione
Extirpatione, a judicial writ, either before or after judgment, that lay against a person who, when a verdict was found against him for land, etc., maliciously over threw any house or extirpated any trees upon it, Reg. Jud. 13, 56.A writ issued either before or after judgment to restrain a person from maliciously damaging the house or extirpating any trees on land that the person had lost the light to possers, Black's Law Dictionary, 7th Edn., p. 604....
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