Supersedeas - Law Dictionary Search Results
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supersedeas [Medieval Latin, you should desist (word used in the writ)] 1 : a common-law writ commanding a stay of legal proceedings that is issued under various conditions and esp. to stay an officer from proceeding under another writ 2 : an order suspending the proceedings of an inferior court and esp. the enforcement of a judgment until reviewed on appeal ...
supersedeas bond
supersedeas bond see bond ...
Supersedeas
Supersedeas, [Lat. 'you shall desist'] a writ that lay in a gret many cases; and signified in general a command, on good cause shown, to stay some ordinary proceedings which ought otherwise to proceed, Fitz. N.B. 236. As to traverse and supersede as of an inquisition in lunacy, see Lunacy Act, 1890, ss. 101-107; and (English) Patients Estates Rules, 1934, S.R. & O., 1934, No. 269/L2, r. 16.; Mills and Poyser, Lunacy Practice....
bond
bond 1 a : a usually formal written agreement by which a person undertakes to perform a certain act (as appear in court or fulfill the obligations of a contract) or abstain from performing an act (as committing a crime) with the condition that failure to perform or abstain will obligate the person or often a surety to pay a sum of money or will result in the forfeiture of money put up by the person or surety ;also : the money put up NOTE: The purpose of a bond is to provide an incentive for the fulfillment of an obligation. It also provides reassurance that the obligation will be fulfilled and that compensation is available if it is not fulfilled. In most cases a surety is involved, and the bond makes the surety responsible for the consequences of the obligated person's behavior. Some bonds, such as fidelity bonds, function as insurance agreements, in which the surety promises to pay for financial loss caused by the bad behavior of an obligated person or by some contingency over w...
stay
stay stayed stay·ing : to temporarily suspend or prevent by judicial or executive order [may not grant an injunction to proceedings in a state court "U.S. Code"] n : a temporary suspension or injunction of an action or process by a usually discretionary judicial or executive order [a of execution of the judgment] [ of a lower court's judgment pending certiorari "W. J. Brennan, Jr."] see also automatic stay compare cease-and-desist order at order, mandamus, supersedeas ...
supersede
supersede -sed·ed -sed·ing 1 : to subject to postponement or suspension ;esp : to suspend the operation of (a judgment or order) by means of a supersedeas 2 : to take the place of in authority : preempt override 3 : to take the place of and render null or ineffective ...
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....
Justices
Justices, officers deputed by the Crown to ad-minister justice and do right by way of judgment. The judges of the Supreme Court are called justices, but the word is usually applied to petty magistrates who sit to administer summary justice in minor matters, and who are commonly called justices of the peace. They were first appointed in 1327 by 1 Edw. 3, st. 2, c. 16, and are now appointed by the king's special commission under the Great Seal, the form of which was settled by all the judges in 1590, and continues, with little alteration, to this day. Consult Putnam's Early Treatises on the Practice of the Justices of the Peace in the Fifteenth and Sixteenth Centuries. This appoints them all, jointly and severally, to keep the peace in the county named; and any two or more of them to inquire of and determine felonies and other misdemeanours in such county committed, in which number some particular justices, or one of them, are directed to be always included, and no business done without ...
Note of allowance
Note of allowance. This was a note delivered by a master to a party to a cause, who alleged that there was error in law in the record and proceedings allowing him to bring error. See (English) C.L.P. Act, 1852, s. 149. Error has now, however, been abolished (Jud. Act, 1875, Ord. LVIII., r. 1).Proceedings in error in law were deemed a supersedeas of execution from the service of the copy of such note, together with the statement of the grounds of error intended to be argued, (English) C.L.P. Act, 1852, s. 150....
Supersede
Supersede, means 'to take the place of by reason of superior right, to make useless by superior power, to replace, to set aside, Food Inspector v. Hameed, (1983) Ker LT 901: (1983) FAJ 443: (1984) 1 FAC 41.The word 'supersede' in law, means 'obliterate, set aside, annul, replace, make void or inefficacious or useless, repeal', Calcutta Municipal Corporation v. Pawan Kumar Saraf, AIR 1999 SC 738 (740): (1999) 2 SCC 400. [Prevention of Food Adulteration Act, 1954, s. 13(3)(5) Proviso]1. To annual, make void, or repeal by taking the place of 2. To invoke or make applicable the right of supersedeas against an award of damages, Black's Law Dictionary, 7th Edn., p. 1452....
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