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...]

Latin for you may have the body a court order requiring a person under arrest to be brought to appear in front of a judge or court. It's purpose is to release a prisoner who is held in prison from unlawful detention, meaning that the imprisionment is unjustified due to a lack of sufficient cause or evidence. … [Read more...]

practice. The name of a process issued for the recovery of goods and chattels. Vide Replevin. … [Read more...]

(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...]

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...]