Legal Term Dictionary

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  • WRIT OF POSSESSION
    This is tbe writ of execution employed to enforce a judgment to recover the possession of land. It commands the sheriff to enter the land and give possession of it to the person entitled under the judgment. Smith, Act 175.
  • WRIT OF PRAECIPE
    This writ is also called a "writ of covenant" and is sued out by the party to whom lands are to be conveyed by fine, the foundation of which is a supposed agreement or covenant that the one shall convey the land to the other. 2 Bl. Comm. 349.
  • WRIT OF PREVENTION
    This name is given to certain writs which may be issued in anticipation of suits which may arise. Co. Litt. 100.
  • WRIT OF PROCLAMATION
    In English law. By the statute 31 Eliz. c. 3, when an ewigent is sued out a writ of proclama¬tion shall issue at the same time, commanding the sheriff of the county where the defendant dwells to make three proclamations thereof, in places the most notorious, and most likely to More...
  • WRIT OF PROTECTION
    In England, the king may, by his writ of protection, privilege any person in his service from arrest in civil proceedings during a year and a day; but this prerogative is seldom, if ever, exercised. Archb. Pr. 687. See Co. Litt 130a.
  • WRIT OF QUARE IMPEDIT
    See QUARE IMPEDIT.
  • WRIT OF RECAPTION
    If, pending an action of replevin for a distress, the defendant distrains again for the same rent or service, the owner of the goods is not driven to another action of replevin, but is allowed a writ of recaption, by which he recovers the goods and damages for the defendant's More...
  • WRIT OF RESTITUTION
    A writ which is Issued on the reversal of a judgment commanding the sheriff to restore to the defendant below the thing levied npon, if it has not been sold, and, if it has been sold, the proceeds. Bac. Abr. "Execution," Q.
  • WRIT OF REVIEW
    (1) A general designation of any form of process Issuing from an appellate court and Intended to bring up for review the record or decision of the court below. Burrell v. Burrell, 10 Mass. 222; Hopkins v. Benson, 21 Me, 401; West v. De Moss, 50 La. Ann. 1349, 24 More...
  • WRIT OP RIGHT
    This was a writ which lay for one who had the right of property, against another who had the right of possession and the actual occupation. Tbe writ properly lay only to recover corporeal hereditaments for an estate in fee-simple; but there were other writs, said to be "in the More...
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