Legal Term Dictionary

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  • 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...
  • WRIT OF SUMMONS
    The writ by which, under the English judicature acts, all actions are commenced.
  • WRIT OF TOLT
    In English law. The name of a writ to remove proceedings on a writ of right patent from the court-baron into the county court.
  • WRIT OF TRIAL
    In English law. A writ directing an action brought in a superior court to be tried in an inferior court or before the under sheriff, under St. 3 & 4 Wm. IV. c. 42. It is now superseded by the county courts act of 1867, c. 142, § 6, by More...
  • WRIT OF WASTE
    The name of a writ to be issued against a tenant who has com¬mitted waste of the premises. There are several forms of this writ Fitzh. Nat Brev. 125.
  • WRIT PRO RETORNO HABENDO
    A writ commanding the return of the goods to the defendant upon a judgment in his favor in replevin, upon the plaintiff's default.
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