practice. A writ to put in force the sentence that the law has given: it is addressed to the Sheriff (and in the courts of the United States, to the marshal) commanding him, according to the nature of the case, either to give the plaintiff possession of lands; or to enforce the delivery of a chattel which was the subject of the action; or to levy for the plaintiff, the debt, or … [Read more...]
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...]
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...]
WRIT OF ENTRY
A real action to recover the possession of land where the tenant (or owner) has been disseised or otherwise wrongfully dispossessed. If the disseisor has aliened the land, or if it has descended to his heir, the writ of entry is said to be in the per, because it alleges that the defendant (the alienee or heir) obtained possession through the original disseisor. If two … [Read more...]
WRIT OF EJECTMENT
practice. The name of a process issued by a party claiming land or other real estate, against one who is alleged to be unlawfully in possession. Vide Ejectment. … [Read more...]