Site icon The Law Dictionary

PROCEDENDO

In practice. A writ by which a cause which has been removed from an inferior to a superior court by certiorari or otherwise is sent down again to the same court, to be. proceeded in there, where it appears to the superior court that it was removed on insufficient grounds. Cowell; 1 Tidd, Pr. 408, 410; Yates v. People, 6 Johns. (N. Y.) 446. A writ which issued out of the common law jurisdiction of the court of chancery, when judges of any subordinate court delayed the parties, for that they would not give judgment either on the one side or on the other, when they ought so to do. In such a case, a writ of procedendo ad judicium was awarded, commanding the inferior court in the sovereign’s name to proceed to give judgment but without specifying any particular judgment Wharton. A writ by which the commission of a justice of the peace is revived, after having been suspended. 1 Bl. Comm. 353. Procedendo on aid prayer. If one pray in aid of the crown in real action, and aid be granted, it shall be awarded that he sue to the sovereign in chancery, and the justices in the common pleas shall stay until this writ of procedendo de loquela come to them. So, also, on a personal action. New Nat. Brev. 154,

Exit mobile version