practice. A writ in which the cause of action is briefly stated, hence its name. Writs are distributed into several classes. Some are called brevia formata, others brevia de cursu, brevia judicialia, or brevia magistralia. There is a further distinction with respect to real actions into brevia nominata and innominata. The former, says Bacon, contain the time, place and demand very particularly; and therefore by such writ several lands by several titles cannot be demanded by the same writ. The latter contain only a general complaint, without expressing time, damages, as in trespass quare clausum fregit, and therefore several lands coming to the demandant by several titles may be demanded in such writ.
Law Dictionary – Alternative Legal Definition
Lat. A writ An original writ. A writ or precept of the king issuing out of his courts. A writ by which a person is summoned or attached to answer an action, complaint, etc., or whereby anything is commanded to be done in the courts, in order to justice, etc. It is called “breve,” from the brevity of it, and is addressed either to the defendant himself, or to the chancellors, judges, sheriffs, or other officers. Skene. Breve de recto. A writ of right, or license for a person ejected out of an estate, to sue for the possession of it. Breve innominatirm. A writ making only a general complaint, without the details or particulars of the cause of action. Breve nominatnm. A named writ. A writ stating the circumstances or details of the cause of action, with the time, place, and demand, very particularly. Breve orijsinale. An original writ; a writ which gave origin and commencement to a suit. Breve perquirere. To purchase a writ or license of trial in the king’s courts by the plaintiff. Breve testatum. A written memorandum introduced to perpetuate the tenor of the conveyance and investiture of lands. 2 Bl. Comm. 307. In Scotch law. A similar memorandum made out at the time of the transfer, attested by the pares curia; and by the seal of the superior. Bell. Breve ita dicitur, quia rem de qua agitnr, et intentionem petentis, panels verbis breviter enarrat. A writ is so called because it briefly states, in few words, the matter in dispute, and the object of the party seeking relief. 2 Inst. 39. Breve judiciale debet sequi snum originate, et accessorinm snum principale. Jenk. Cent 292. A judicial writ ought to follow its original, and an accessory its principal. Breve judiciale non cadit pro defectn formse. Jenk. Cent. 43. A judicial writ fails not through defect of form.