Original Writ Or Original - Law Dictionary Search Results
Home Dictionary Name: original writ or original Page: 2 Page 2 of about 32 results (0.004 seconds)Middlesex, Bill of
Middlesex, Bill of, a writ anciently resorted to by the Court of King's Bench, in order to enlarge its jurisdiction in civil causes, which was formerly confined to actions of trespass, or other injury alleged to have been committed vi et armis. But it might always hold pleas of any civil action other than actions real, provided the defendant was an officer of the Court, or in the custody of the marshal, or prison-keeper of the Court. in proceedings against prisoners or officers of the Court, the actions were said to be commenced by bill, in all other cases by original writ. See 3 Bl. Com. 285; App. xviii. Both are abolished by 2 Wm. 4, c. 39...
Si fecerit the securum
Si fecerit the securum, a species of original writ, so called from the words of the writ, which directed the sheriff to cause the defendant to appear in court, without any option given him, provided the plaintiff 'gave the sheriff security' effectually to prosecute his claim....
Plaint
Plaint [fr. plainte, Fr.; querela, Lat.], the statement in writing of a cause of action. It is the first process in an inferior court in the nature of an original writ, because there is briefly set forth the plaintiff's cause of action: and the judge is bound, of common right, to administer justice therein without a special mandate from the Crown.Plaint, includes a written statement pleading, a set off or counter-claim. [The Gujarat Court-fees Act, 2004, s. 2(c)]Means the statement in writing of a cause of action in which the relief claimed is sketched in detail. Plaintiff is the person presenting a plaint to get a relief from the court; a person who commences an action another, called a defendant, STC of India v. Ironside Ltd., AIR 1966 Bom 126 (DB)....
Replegiari facias
Replegiari facias, the original writ out of Chancery commencing an action of replevin, superseded by the Statute of Marlbridge, 52 Hen. 3, c. 21....
Recordari facias loquelam
Recordari facias loquelam [abbrev. re. fa. lo.], an original writ, in the nature of a certiorari, issuing out of Chancery, addressed to a sheriff to remove a cause depending in an inferior Court not of record to a superior court; and it is called a recordari, because it commands the sheriff to make a record of the plaint in the ancient County Court, and then to send up the cause. Obsolete, Fitz- N.B. 71....
Quod billa cassetur
Quod billa cassetur, means that the bill be quashed. The common-law form of a judgment sustaining a plea in abatement that proceeds from a bill instead of an original writ, Black's Law Dictionary, 7th Edn., p. 1262....
De ventre inspiciendo
De ventre inspiciendo, writ, an original process which issued out of Chancery on petition, for the security of the next heir (i.e., verus not h'res apparens), or on behalf of a tenant-in-tail, or h'res factus, as a devisee in fee, in tail, or for life, to guard them against supposititious births. Obsolete. Consult Hubback on Succn. P. 391. See JURY-WOMAN....
Accedas ad curiam
Accedas ad curiam [Lat.] (that you go to the Court), an original writ to the sheriff, issued out of Chancery, where a man had received false judgment in a Hundred Court or Court Baron, or justice had been delayed, Termes de la Ley....
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...
Magna Carta
Magna Carta, [Latin 'great charter'] The English charter that King John granted to the barons in 1215 and Henry III and Edward I later confirmed. It is generally regarded as one of the great common-law documents and as the foundation of constitution liberties. The other three great charters of English Liberty are the Petition of Right (3 Car. (1628)), the Habeas Corpus Act (31 Car. 2 (1679)), and the Bill of Rights (1 Will. SM. (1689)). Also spelled Magna charta, Black's Law Dictionary, 7th Edn., p. 963.This Great Charter is based substantially upon the Saxon Common Law, which flourished in this kingdom until the Normaninvasion consolidated the system of feudality, still the great characteristic of the principles of real property. The barons assembled at St.Edmund's Bury, in Suffolk, in the later part of the year 1214, and there solemnly swore upon the high alter to withdraw their allegiance from the Crown, and openly rebel, unless King John confirmed by a formal charter the ancient li...
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