DE CONTINUANDO ASSISAM. Writ
to continue an assise. Reg. Orig. 217b.
Category: Procedure
Found 691 results · Showing 181–210
DE CUSTODE ADMIITENDO. Writ
for admitting a guardian. , Reg. Orig. 93), 198.
DE DOTE UNDE NIHIL HABET. A
writ of dower which lay for a widow where no part of her dower had been assigned to her. It is now much disused; but a form closely resembling it is still sometimes used in the United States. 4 Kent, Comm. 63;
DE ESSENDO QUIETUM DE TOLO
NIO. A writ which lay for those who were by privilege free from the payment of toll, on their being molested therein. Fitzh. Nat.
DE ESSONIO DE MALO LECTI. A
writ which issued upon an essoin of malum lecté being cast, to examine whether the party was in fact sick or not. Reg. Orig. 8b.
DE ESTOVERUOS HABENDIS. Writ
for having estovers. A writ which lay for a wife divorced aA mensa et thoro, to recover her alimony or estovers. 1 Bl. Comm. 441; 1 Ley. 6.
DE ESTREPAMENTO
DE ESTREPAMENTO. A writ which lay to prevent or stay waste by a tenant, during the pendency of a suit against him to
DE FORISFACTURA MARITAGTII
Writ of forfeiture of marriage. Reg. Orig. 163, 164.
DE HOMAGIO RESPECTUANDO. A
writ for respiting or postponing homage.
DE HZREDE RAPTO ET ABDUCTO
Writ concerning an heir ravished and carried away. <A writ which anciently lay for a lord who, having by right the wardship of his tenant under age could not obtain his body, the same being carried away by .another person. ‘Reg. Orig. 163; Old Nat....
DE HZRETICO COMBURENDO
(Lat. For burning a heretic.) A writ which lay where a heretic had been convicted of heresy, had abjured, .and had relapsed into heresy. It is said to be very ancient. Fitzh. Nat.
DE LUNATIOO INQUIRENDO. The
name of a writ directed to the sheriff, directing him to inquire by good and lawful men whether the party charged is a lunatic or not.
DE MAGNA ASSISA ELIGENDA. A
writ by which the grand assise was chosen and summoned. Reg. Orig. 8; Fitzh. Nat.
DE MITTENDO TENOREM RECOR
DI. A writ to send the tenor of a record, or to exemplify it under the great seal. Reg.
DE NON PROCEDENDO AD ASSI
SAM. <A writ forbidding the justices from holding an assise in a particular case. Reg.
DE PARCO FRACTO
moning a jury for the second trial of a case which has been sent back from above for a new trial.
DE PERAMBULATIONE FACIENDA
A writ which lay where there was a dispute as to the boundaries of two adjacent lordships or towns, directed to the sheriff, commanding him to take with him twelve discreet and Jawful knights of his county and make the perambulation and set the bound...
DE PONENDO SIGILLUM AD EX
CEPTIONEM. Writ for putting a seal to an exception. A writ by which justices were formerly commanded to put their seals to exceptions taken by a party in a suit. Reg.
DE QUIBUS SUR DISSEISIN. Ap an
cieat writ of entry.
DE RATIONABILI PARTE BONO
RUM. A writ which lay for the wife and children of a deceased person against his executors, to recover their reasonable part or share of his goods. 2 Bl. Comm. 492;
DE RECORDO ET PROCESSU MIT
TENDIS. Writ to send the record and process of a cause to a superior court; a species of writ of error. Reg. Orig. 209.
DE SECTA AD MOLENDINUM. Of
suit to a mill. A writ which lay to compel one to continue his custom (of grinding) at a mill. 8 Bl. Comm. 235; Fitzh. Nat. Brev. 122, M.
DE SUPERONERATIONE PAS
TURZ. Writ of surcharge of pasture. A judicial writ which lay for him who was impleaded in the county court, for surcharging a common with his cattle, in a case where he was formerly impleaded for it in the same court, and the cause was removed into ...
DEBET ET SOLET
knowledge,” aggravated by assault, violent seduction, ravishment. Koenig v. Nott, 2 (Lat. He owes and is used to.) Where a man sues in a writ of right or to recover any right of which he is for the first time disseised, as of a suit ata mill or in...
DEBET QUIS JURI SUBJACERE
he brings his writ in the debet et solet. Reg.
DEBITUM SINE BREVI. UL
Lat. Debt without writ; debt without a declaration. In old practice, this term denoted an action begun by original bill, mstead of by writ. In modern usage, it is sometimes applied to a debt evidenced by confession of judgment without suit. The equiv...
DECIES TANTUM
(Ten. times as much.) The name of an ancient writ that was used against a juror who had taken a bribe in money for his verdict. The injured party could thus recover ten times the amount of the bribe.
DEL BIEN ESTRE. LL
Fr. In old Eng lish practice. Of well being; of form. The same as de bene esse. Britt. c. 89.
DEMAIN. See DEMESNE
DEMAND, v. In practice. To claim as one’s due; to require; to ask relief. To summon; to call in court. “Although solemmnly demanded, comes not, but makes default.”
DEMURRER>
gued to the court in bano, who ave inde ee