Skip to content


Right Writ Of - Law Dictionary Search Results

Home Dictionary Name: right writ of Page 1 of about 66 results (0.003 seconds)

Right, Writ of

Right, Writ of [breve de recto, Lat.], a procedure for the recovery of real property after not more than sixty years' adverse possession; the highest writ in the law, sometimes called the writ of right proper. Abolished by 3 & 4 Wm. 4, c. 27; last used in 1835 in Davies v. Lowndes, (1835) 1 Bing NC 597....


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...


writ of right

writ of right see writ ...


Right close, Writ of

Right close, Writ of, a writ which is directed unto the lord of ancient demesne, which lieth for those tenants within ancient demesne who hold their lands by charter in fee-simple, or in fee tail, or for life, or in dower, Fitz. N.B. 11 F.; and see Merttens v. Hill, (1901) 1 Ch p 853....


Dower, writ of right of

Dower, writ of right of, the remedy for a widow who had been deforced of part of her dower. Abolished by (English) C.L.P. Act, 1860, s. 26....


Sur Disclaimer, Writ of Right of

Sur Disclaimer, Writ of Right of, abolished by 3 & 4 Wm. 4, c. 27....


Quare non permittit

Quare non permittit, an ancient writ, which lay for one who had a right to present to a church for a turn against the proprietary, Fleta, 1. 5, c. 6.Means why he did not permit. A writ for one who has a right to present to a church, against the proprietor, Black's Law Dictionary, 7th Edn., p. 1256....


Quare obstruxit

Quare obstruxit, a writ which lay for him who, having a liberty to pass through his neighbour's ground, could not enjoy his right because the owner had obstructed it, Fleta, 1. 4, c. 26.Means why he obstructed. A writ for one who could not enjoy a privilege to pass though a neighbour's land because the neighbour had obstructed the path, Black's Law Dictionary, 7th Edn., p. 1256....


Sine assensu capitali

Sine assensu capitali, an abolished writ where a bishop, dean, prebendary, or master of a hospital aliened the lands holden in right of his bishopric, deanery, house, etc., without the assent of the chapter or fraternity, in which case his successor should have this writ, Fitz. N.B. 195....


Habeas corpus ad subjiciendum

Habeas corpus ad subjiciendum (that you have the body to answer). This, the most celebrated prerogative writ in the English law, is a remedy for a person deprived of his liberty. It is addressed to him who detains another in custody, and commands him to produce the body, with the day and cause of his caption and detention, and to do, submit to, and receive whatever the judge or Court shall consider in that behalf. The writ is applied for either by motion to a Court or application to a judge, supported by an affidavit of the facts. (See (English) Crown Office Rules, 1906, rr. 216-230.) If a probable ground be shown that the party is imprisoned without a cause and has a right to be delivered, this writ ought of right to be granted to every man committed or detained in prison or otherwise restrained, though by command of the sovereign, the Privy Council, or any other power. Therefore there is an absolute necessity of express-ing upon every commitment the reason for which it is made, that ...


  • << Prev.

Save Judgments// Add Notes // Store Search Result sets // Organize Client Files //