Procedendo - Law Dictionary Search Results
Home Dictionary Name: procedendoProcedendo
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 side or on the other, when they ought so to do. In such a case, a writ of procedendo ad judicium was awarded, commanding the inferior Court in the King's name to proceed to judgment, but without specifying any particular judgment; for that, if erroneous, might be set aside by proceedings in error, or by writ of false judgment; and upon further neglect or refusal, the judges of the inferior Court might be punished for their contempt by writ of attachment, returnable in the courts at Westminster, 3 Bl. Com. 109. It also lay where an action had been removed from an inferior to a superior Court by habeas corpus, certiorari, or any like writ, and it appeared to the superior Court that it was removed on insufficient grounds. A suit once so remanded could not afterwards be removed before j...
Procedendo on aid prayer
Procedendo on aid prayer. If one pray in aid of the Crown in real action, and aid be granted, it shall be awarded that he sue to the sovereign in Chancery, and the justices in the Common Pleas shall stay until this writ of procedendo de loquel' come to them. So also on a personal action, New N.B. 154....
procedendo
procedendo [Latin, ablative of procedendum, gerund of procedere to proceed] : an extraordinary writ ordering a lower court to proceed to or execute a judgment ...
Non procedendo ad assisam rege inconsulto
Non procedendo ad assisam rege inconsulto, a writ to stop the trial of a cause appertaining to one who is in the royal service, etc., until the sovereign's pleasure further known, Reg. Brev. 220....
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...
Procedendo
A writ by which a cause which has been removed on insufficient grounds from an inferior to a superior court by certiorari or otherwise is sent down again to the same court to be proceeded in there...
Consultation
Consultation, in Words and Phrases (Permanent Edition, 1960, Volume 9, page 3) to 'consult' is defined as 'to discuss something together, to deliberate'. Corpus Juris Secundum (Volume 16A, Edn. 1956, page 1242) also says that the word 'consult' is frequently defined as meaning 'to discuss something together, or to deliberate'. By giving an opportunity to consultation or deliberation the purpose thereof is to enable the Judges to make their respective points of view known to the others and discuss and examine the relative merits of their view, High Court of Judicature for Rajasthan v. P.P. Singh, (2003) 4 SCC 239: AIR 2003 SC 1029 (1038). [Rules of High Court of Judicature for Rajasthan (1952), R. 15]A writ in the nature of a procedendo, whereby a cause, having been removed by prohibition from the Ecclesiastical Court to the King's Court, is returned thither again; for if the judges of the King's Court, upon comparing the libel with the suggestion of the party, find the suggestion false...
Prerogative Writs
Prerogative Writs, processes issued upon extra-ordinary occasions on proper cause shown. They are the writs of procedendo, mandamus, prohibition, quo warranto, habeas corpus, and certiorari.Prerogative writs are privileges of an extraordinary kind granted by the court in certain cases, but never as a matter of right; they being a direct intervention of the government with the liberty or property of the subject....
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