Sue Out - Law Dictionary Search Results
Home Dictionary Name: sue outsue out
sue out : to apply for and obtain in judicial proceedings [sued out a summons] ...
Solicitor
Solicitor, an officer of the Supreme Court of Judicature, who, and who only, is entitled to 'sue out any writ or process, or commence, carry on, solicit, or defend any action, suit or other proceeding' in any Court whatever (see (English) Solicitors Act, 1932, s. 45). 'Solicitor of the Supreme Court' was the title given by the (English) Judicature Act, 1843, s. 87, to all attorneys, solicitors, and proctors, and continued by (English) Solicitors Act 1932, s. 81. Prior to that Act, 'attorneys' conducted business in the Common Law Courts, 'solicitors' business in the Court of Chancery and 'proctors' ecclesiastical and Admiralty business; but it was the general practice, although any person might be admitted to practise as an attorney or solicitor only, to be admitted to practise as an attorney and solicitor also.Solicitors practise as advocates before magistrates at petty sessions and quarter sessions where there is no bar, in County Courts, at Arbitrations, at Judges' Chambers, Coroners...
Capias in withernam
Capias in withernam (that you take by way of reprisals). If the goods before an action of replevin had been concealed, so that the sheriff could not replevy them, then, upon plaint being levied in the County court by the plaintiff, the plaintiff might issue this writ directing the sheriff to take goods or cattle of the defendant, to the value of those taken by him, and deliver them to the plaintiff, who gave a bond with sureties, conditioned to prosecute his suit and to return the goods, etc., so to be delivered to him, if 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 de retorno habendo had been sued out, to which the sheriff had returned that the goods, etc., were concealed or eloigned, i.e., conveyed to places unknown to him, so that he could not execute the writ, the defendant might then sue out a api...
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 alias, etc., may be sued out. The officer, if necessary, may break open outer doors, in order to give possession, or he may take the posse comitatus with him if he fear violence, 1 Chit. Arch. Prac. By R.S.C. 1883, Ord. XLVII., a judgment that a party recover possession of land may be enforced by writ of possession, and where by any judgment any person therein named is directed to deliver up possession of any lands to some other person, the person prosecuting such judgment shall be entitled to sue out the writ on filing an affidavit showing service of the judgment and disobedience thereto. An unsuccessful defendant can be ordered to pay to the plaintiff his costs of obtaining this writ, Dartford Brewery Co. v. Moseley, (1906) 1 KB 462...
Remittitur of record
Remittitur of record. Formerly, when a writ of error in the Exchequer Chamber abated or was discontinued, the transcript must have been remitted, and a remittitur entered, before a defendant could sue out execution; but this was afterwards unnecessary, for the record remained in the court below, and execution was therefore, in all cases, issued out of that court, H.T. 4 Wm. 4, r. 16....
Statute staple
Statute staple, a bond of record acknowledged before the mayor of the staple, in the presence of the constables of the staple, or one of them; the only seal required for its validity was the seal of the staple, and therefore if the statute were void for any cause, it could not, as in the case of a statute-merchant (q.v.), be proceeded on as a common obligation; and, wanting the sanction of the seal of the king, the sheriff, after the extent, could not deliver the lands to the consuee, but had to seize them into the king's hands; and in order to obtain possession of them, the conusee had to sue out a writ of Liberate, which was a writ out of Chancery, reciting the former writ, and commanding the sheriff to deliver to the conusee all the lands, tenements, and chattels by him taken into the king's hands, if the conusee would have them, until he should be satisfied his debt. Obsolete. See STAPLE...
False Verdict
False Verdict. Formerly, if a jury gave a false verdict, the party injured by it might sue out a writ of attain against them, either at Common Law or on 11 Hen. 7, c. 24, at his election, for the purpose of reversing the judgment and punishing the jury for their verdict; but not where the jury erred merely point at law, if they found according to the judge's direction. The practice of setting aside verdicts and granting new trials, however, so superseded the use of attains that there is no instance of one to be found in our books of reports later than in the time of Elizabeth, and it was altogether abolished by the (English) County Juries Act, 1825 (6 Geo. 4, c. 50), s. 60....
Ne admittas
Ne admittas (that you admit not), a prohibitory writ directed to the bishop at the request of the plaintiff or defendant, where a quare impedit is depending, when either party fears that the bishop will admit the other's clerk during the suit between them; it ought to be issued within six calendar months after the avoidance, before the bishop may present by lapse; for it is in vain to sue out this writ when the title to present has devolved upon the bishop, Fitz. N.B. 37....
Deliverance, second, writ of
Deliverance, second, writ of. The judgment of non pros. In replevin at Common Law is, that the defendant shall have a return of the goods replevied, and his costs. The plaintiff, however, is not prevented by this judgment from proceeding, for he may sue out the judicial writ of second deliverance, in execution of which the sheriff must again take the goods from the defendant and deliver them to the plaintiff, or the writ will operate in the sheriff's hand as a supersedeas of the writ de retorno habendo, if the latter writ has not as yet been executed. The proceedings upon this writ are the same as in ordinary cases of replevin, and if the defendant have judgment either upon verdict, demurrer, or of non pros., it is for a return irreplevisable, and he shall have a writ de retorno habendo, which being executed, the plaintiff cannot have any further writ of deliverance, 2 Chit. Arch. Prac. See REPLEVIN....
Cassetur breve
Cassetur breve (that the writ be quashed). When the defendant pleaded sufficient matter in abatement and the plaintiff could not deny it, he could either obtain leave to amend his declaration, or he might at once enter on the roll a casetur breve, or judgment upon his prayer that his writ might be quashed, to the intent that he might sue out a better, 2 Chit. Arch. Prac. Pleas in abatement are, however, now abolished by the Judicature Act, 1875. See Abatement....
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