(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...]
WRIT OF RESTITUTION
A writ which is issued on the reversal of a judgment, commanding the sheriff to restore to the defendant below, the thing levied upon, if it has not been sold, and if it has been sold, the proceeds. … [Read more...]
WRIT OF JURE
Engl. law. The name of a writ commanding the defendant to show by what right he demands common of pasture in the land of the complainant, who claims to have a fee in the same. F. N. B. 299. … [Read more...]
WRIT OF REVIEW
(1) A general designation of any form of process Issuing from an appellate court and Intended to bring up for review the record or decision of the court below. Burrell v. Burrell, 10 Mass. 222; Hopkins v. Benson, 21 Me, 401; West v. De Moss, 50 La. Ann. 1349, 24 South. 325i (2) In code practice, a substitute for, or equivalent of, the writ of certiorari. California & O. … [Read more...]
WRIT OF MAINPRIZE
English law. A writ directed to the sheriff (either generally, when any man is imprisoned for a bailable offence, and bail has been refused; or specially, when the offence or cause of commitment is not properly bailable below) commanding him to take sureties for the prisoner's appearance, commonly called mainpernors, and to set him at large. … [Read more...]