practice. A writ which lies where a party sues for damages for any wrong or cause of complaint to which covenant or trespass will not apply. 2. This action originates in the power given by the statute of Westm. 2, to the clerks of chancery to frame new writs in consimili casu with writs already known. Under this power they constructed many writs for different injuries, which … [Read more...] about WRIT OF TRESPASS ON THE CASE
WRIT OF POSSESSION
This is the 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. … [Read more...] about WRIT OF POSSESSION
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 MANDAMUS
Latin for we command. It is a write issued by a superior court compelling a government official or a lower court to perform mandatory or ministerial duties in a correct and proper fashion. … [Read more...] about WRIT OF MANDAMUS
WRIT OF FORMEDON
practice. This writ lies where a party claims the specific recovery of lands and tenements, as issue in tail; or as remainder-man or reversioner, upon the determination of an estate in tail. … [Read more...] about WRIT OF FORMEDON
