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Mandamus

Mandamus [we command). (1) A high prerogative writ of a most extensive remedial nature. In form it is a command issuing in the King's name from the King's Bench Division of the High Court only, and...

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...

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...

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Habere facias possessionem

Habere facias possessionem (that you cause to have possession), a writ that issues for a successful plaintiff in ejectment, to put him in possession of the premises recovered. If the first writ be not executed, an...

King's Bench

King's Bench. The Court of King's or Queen's bench (so called because the King used formerly to sit there in person (though the judges determined the causes), the style of the Court still being coram ipso...

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...

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...

Quod permittat prosternere

Quod permittat prosternere, a writ, in the nature of a writ of right, to abate a nuisance, Fitz. N.B. 104. Abolished. Means 'that he permit to abate'. A writ to abate a nuisance, similar in nature...

Recto, Breve de

Recto, Breve de, a writ of right, which was of so high a nature that, as other writs in real actions were only to recover the possession of the land etc., in question, this aimed to...

Recovery

Recovery, the obtaining a thing by judgment or trial. The regaining or restoration of something lost or taken away, Black's Law Dictionary, 7th Edn., p. 1280. A true recovery is an actual or real recovery of...

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