Eng. eccl. law. A writ issuing out of chancery, founded on a bishop's certificate that the defendant had been excommunicated, which writ is returnable in the king's bench. … [Read more...] about WRIT OF EXCOMMUNICATIO CAPIENDO
WRIT OF FALSE JUDGMENT
A writ which appears to be still in use to bring appeals to the English high court from inferior courts not of record proceeding according to the course of the common law. Archb Pr 1427. … [Read more...] about WRIT OF FALSE JUDGMENT
WRIT OF HABEAS CORPUS
Latin for you may have the body a court order requiring a person under arrest to be brought to appear in front of a judge or court. It's purpose is to release a prisoner who is held in prison from unlawful detention, meaning that the imprisionment is unjustified due to a lack of sufficient cause or evidence. … [Read more...] about WRIT OF HABEAS CORPUS
WRIT OF ERROR
(A) A writ of error is one issued fro a superior to an inferior court, for the purpose of bringing up the record and correcting an alleged error committed in the trial in the court below. But it cannot deliver the body from prison. Bro. Abr. Acc. pl. 45. The judges to whom the writ is directed have no power to return the record nisi judicium inde redditum sit. Nor can it be … [Read more...] about WRIT OF ERROR
WRIT OF INQUIRY
(A) A writ which issues after the plaintiff in an action has obtained a judgment by default, on an unliquidated claim, directing the sheriff, with the aid of a jury, to inquire into the amount of the plaintiff's demand and assess his damages. Vide Writ Of Inquiry. (B) practice. When in an action sounding in damages, as covenant, trespass, and the like, an interlocutory judgment … [Read more...] about WRIT OF INQUIRY