The name of a writ which lies where one man has done anything in the name of another, by which the latter is damnified and deceived. … [Read more...]
WRIT DE ODIO ET ATIA
Engl. law. This writ is probably obsolete, and superseded by the writ of habeas corpus. It was anciently directed to the sheriff, commanding him to inquire whether a prisoner charged with murder was committed upon just cause or suspicion, or merely propter odium et atiam, for hatred and ill-will; and, if upon the inquisition due cause of suspicion did not appear, then there … [Read more...]
WRIT OF DELIVERY
A writ of execution employed to enforce a judgment for the delivery of chattels. It commands the sheriff to cause the chattels mentioned in the writ to be returned to the person who has obtained the judgment; and. if the chattels cannot be found to distrain the person against whom the judgment was given until he returns them. … [Read more...]
WRIT DE PERAMBULATIONE FACIENDA
Eng. law. The name of a writ which is sued by consent of both parties, when they are in doubt as to the bounds of their respective estates; it is directed to the sheriff to make perambulation, and to set the bounds and limits between them in certainty. F. N. B. 309. 2. The writ de perambulatione facienda is not known to have been adopted in practice in the United States, says … [Read more...]
WRIT OF DETINUE
practice. A writ which lies where a party claims the specific recovery of goods and chattels, or deeds and writings detained from him. This is seldom used: trover is the more frequent remedy, in cases where it may be brought. … [Read more...]