In England, the klng may, by his writ of protection, priv-ilege any person in hls service from arrest in clvll proceedings durlng a year and a day; but this prerogative is seldom, if ever, exerclsed. Archb. Pr. 687. See Co. Lltt. 130a
Source: Black's Law Dictionary 2nd Ed (1910)
Thls name is given to certain wrlts whlch may he is-sued in anticipation of suits which may arise. Co. Lltt 100
Source: Black's Law Dictionary 2nd Ed (1910)
In Engllsh law. By the statute 31 Eliz. c. 3, when an exigent is sued out, a writ of proclama-tlon shall issue at the same tlme, commanding the sherlff of the county where the defendant dwells to make three proclamations thereof, ln*places the most notorious, and most likely to come to his knowledge, a month before the outlawry shall take place. 8 Bl. Comm. 284
Source: Black's Law Dictionary 2nd Ed (1910)
This writ is also called a “writ of covenant,” and is sued out by the party to whom lands are to be con-veyed by flne, the foundation of which is a supposed agreement or covenant that the one shall convey the land to the other. 2 Bl. Comm. 349
Source: Black's Law Dictionary 2nd Ed (1910)
In common-law practice. A writ which issues after the plaintiff in an action has obtained a judgment by default, on an unliquidated claim, directing the sherlff, with the ald of a jury, to inquire lnto the amount of the plalntlfTs demand and assess his damages. Lennon v. Rawitzer, 57 Conn. 583, 19 Atl. 334; Havens v. Hartford & N. R. Co., 28 Conn. 70
Source: Black's Law Dictionary 2nd Ed (1910)
In English law. A writ dlrected to the sherlff, (either generally, wben any man is Imprisoned for a bailable offense and bail has been refused, or specially, when tbe offense or cause of commitment is not properly bailable below,) commanding him to take sureties for the prisoner's appearance, commonly called “mainpernors," and to set him at large. 3 Bl. Comm. 128
Source: Black's Law Dictionary 2nd Ed (1910)
A writ which lies for the recovery of an estate by a person claiming as issue in tail, or by the remain-der-man or reversioner after the termination of the entail. See Formedon
Source: Black's Law Dictionary 2nd Ed (1910)
A writ issued from a court of appellate jurisdiction, directed to the judge or judges of a court of record, re-qulring them to remit to the appellate court the record of an action before them, in which a final judgment has been entered, in order that examination may be made of certain errors alleged to have been committed, and that the judgment may be reversed, corrected, or affirmed, as the case may require
Source: Black's Law Dictionary 2nd Ed (1910)
A writ to pnt In force the judgment or decree of a court
Source: Black's Law Dictionary 2nd Ed (1910)
The writ in an action of ejectment, for the recovery of lands. See Ejectment
Source: Black's Law Dictionary 2nd Ed (1910)
A real action to re-cover the possession of land where the ten-ant (or owner) bas been disseised or other-wise wrongfully dispossessed. If the disseisor has aliened the land, or if it has descend-ed to his heir, the writ of entry is said to be in the per, because it alleges that the defend-ant (the alienee or heir) obtained possession through the original disseisor. If two aiien-ations (or descents) have taken place, the writ is in the per and cui, because it alleges that the defendant (the second alienee) ob-tained possession through the first alienee, io whom the original disseisor had aliened it. If more than two alienations (or descents) have taken place, the writ is in the post, be-cause it simply alleges that the defendant acquired possesslon after the origlnal disseisin
Source: Black's Law Dictionary 2nd Ed (1910)
A writ which lies where a party claims the specific recov-ery of goods and chattels, or deeds and writ-ings, detained from him. This is seldom used; trover is the more frequent remedy, in cases where it may be brought. Bouvier
Source: Black's Law Dictionary 2nd Ed (1910)
This is either a writ of dower unde nihil habet. which lies for a widow, commanding the tenant to as-sign her dower, no part of which has yet been set off to her; or a writ of right of dower, whereby she seeks to recover the re-mainder of the dower to wbich she is enti-tled, part having been already received from the tenant
Source: Black's Law Dictionary 2nd Ed (1910)
The name of a writ whlch lies where one man has done anything In the name of another, by which the latter is damnified and deceived. Fitzh. Nat. Brev. 95, E
Source: Black's Law Dictionary 2nd Ed (1910)
A writ of execution employed to enforce a Judgment for the delivery of chattels. It commands the sherifT to cause the chattels mentioned in the writ to be returned to the person who has obtained the judgment; and, if the chattels cannot, be found, to distrain the person against whom the judgment was given un-til he returns them. Smith, Act. 175; Sweet
Source: Black's Law Dictionary 2nd Ed (1910)
A wrlt whlch lles where a party claims damages for breach of covenant; i. e„ of a promlse under seal
Source: Black's Law Dictionary 2nd Ed (1910)
A writ which lies where the party claims the recovery of a debt; i. e., a llquidated or certain sum of money alleged to be due to him
Source: Black's Law Dictionary 2nd Ed (1910)
A wrlt employed to enforce obedience to an order or judgment of the conrt It commands the sherlff to attach the disobedient party and to have him before the court to answer hls contempt. Smlth, Act 176
Source: Black's Law Dictionary 2nd Ed (1910)
A wrlt which anclently lay against persons who had
Source: Black's Law Dictionary 2nd Ed (1910)
The name of a writ which Issues from the court of chan-eery, in aid of the executlon of a judgment at law, to put the complainant Into possesslon of lands adjudged to him, when the sheriff cannot execute the judgment. See Emerick v. Miller (Ind. App.) 62 N. E. 285; Hagerman v. Heltzel, 21 wash. 444, 58 Pac. 580; o’Connor v. Schaeffel (City Ct. N. Y.) 11 N. Y. Supp. 737; Knight v. Houghtailing, 04 N. O. 410
Source: Black's Law Dictionary 2nd Ed (1910)
In English practice. A writ whereby certaln persons (usually the clerk of assize and his sub-ordinate officers) are directed to associate themselves wlth the justices and serjeants; and they are required to admit the said persons Into their society in order to take the assizes. 3 Bl. Comm. 59
Source: Black's Law Dictionary 2nd Ed (1910)