Law Professor

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...] about WRIT OF RIGHT

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

practice. This writ lies where, pending an action of replevin, the same distrainor takes, for the same supposed cause, the cattle or goods of the same distrainee. 2. This writ is nearly obsolete, as trespass, which is found to be a pre-ferable remedy, lies for the second taking; and, as the defendant cannot justify, the plaintiff must necessarily recover damages proportioned to … [Read more...] about WRIT OF RECAPTION

Engl. law, pradice. If the defendant does not appear, in obedience to the original writ, there issue, when the time for appearance is past, other writs, returnable on some general return day in the term, called writs of process, enforcing the appearance of the defendant, either by attachment, or distress of his property, or arrest of his person, according to the nature of the … [Read more...] about WRIT OF PROCESS

practice. A writ which lies for a widow claiming the specific recovery of her dower, no part having been yet assigned to her. It is usually called a writ of dower unde nihil habet. 3 Chit. Pl. 393; Booth, 166. 2. There is another species, called a writ of right of dower, which applies to the particular case where the widow has received a part of her dower from the tenant … [Read more...] about WRIT OF DOWER