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...]
WRIT DE EJECTIONE FIRMAE
A writ of ejectment. Vide Ejectment … [Read more...]
WRIT OF CONSPIRACY
The name of an ancient writ, now superseded by the more convenient remedy of an action on the case, which might have been sued against parties guilty of a conspiracy. … [Read more...]
WRIT DE HAERETICO COMBURENDO
Engl. law. The name of a writ formerly issued by the secular courts, when a man was turned over to them by the ecclesiastical tribunals, after having been condemned for heresy. 2. It was founded on the statute 2 Hen. IV. c. 15; it was first used, A. D. 1401, and as late as the year 1611. By virtue of this writ, the unhappy man against whom it was issued, was burned to death. … [Read more...]
WRIT OF COVENANT
A writ which lies where a party claims damages for breach of covenant; i.e. of a promise under seal. … [Read more...]