The name of an ancient writ, which lies when: the lord paramount distrains on the tenant paravail; the latter shall have a writ of mesne against the lord who is mesne. Breve' de medio, old English law. A writ which was so called, by reason of the words used in the writ, namely, Unde idem A qui medius est inter C et praefatum B; that is, A, who is mesne between C, the lord … [Read more...] about WRIT OF MESNE
WRIT OF PREVENTION
This name is given to certain writs which may be issued in anticipation of suits which may arise. … [Read more...] about WRIT OF PREVENTION
WRIT OF EXCOMMUNICATIO CAPIENDO
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 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