(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...]
WRIT OF RIGHT
This was a writ which lay for one who had the right of property, against another who had the right of possession and the actual occupation. The writ properly lay only to recover corporeal hereditaments for an estate in fee simple; but there were other writs, said to be "in the nature of a writ of right," available for the recovery of Incorporeal hereditaments or of lands for a … [Read more...]
WRIT OF MANDAMUS
Latin for we command. It is a write issued by a superior court compelling a government official or a lower court to perform mandatory or ministerial duties in a correct and proper fashion. … [Read more...]
WRIT OF SECOND SURCHARGE
The name of a writ issued in England against a commoner who has a second time surcharged the common. … [Read more...]