Original Writ - Law Dictionary Search Results
Pone
County Court was removed into the King's Bench or Common Pleas by writ of pone. It was an original writ obtained from the cursitor, bearing teste after the entry of the plaint in the County Court, and returnable
Quare impedit
Previous to the passing of the (English) Common Law Procedure Act, 1860, the action was commen-ced by an original writ issuing out of Chancery but s. 26 of that Act did away with this singularity of procedure, which
praecipe
a judge, as for jury instructions in some jurisdictions, a praecipe is similar to a motion. A praecipe originally was a writ issued by the king to a sheriff, telling the sheriff to command someone to do
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Capias in withernam
a return of them should be afterwards adjudged. Goods taken in withernam could not be replevied till the original distress was forthcoming. Also, after verdict and judgment for defendant in replevin, and the usual writ of execution
Service
made personal service is effected by tendering a copy of the writ to the defendant, and producing the original if required by him; and actual knowledge will not be equivalent to or dispense with a necessity for
Scire facias
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
Latitat
Latitat (he lies hid), a writ whereby all persons were originally summoned to answer in personal actions in the King's Bench; so called because it is supposed by the
Middlesex, Bill of
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
VerbarNe exeat
writ to restrain a person from leaving the country or the jurisdiction of the court The writ was originally applicable to purposes of state but is now an ordinary process of courts of equity resorted to for
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