The writ by which, under the English judicature acts, all actions are commenced. … [Read more...]
WRIT OF SECOND SURCHARGE
The name of a writ issued in England against a commoner who has a second time surcharged the common. … [Read more...]
WRIT OF 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. The writ properly lay only to recover corporeal hereditaments for an estate in fee simple; but there were other writs, said to be "in the nature of a writ of right," available for the recovery of Incorporeal hereditaments or of lands for a … [Read more...]
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 South. 325i (2) In code practice, a substitute for, or equivalent of, the writ of certiorari. California & O. … [Read 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 upon, if it has not been sold, and if it has been sold, the proceeds. … [Read more...]