Page:Black's Law Dictionary (Second Edition).djvu/1242

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WRIT OF ERROR

Co. Litt. 238b; 3 Bl. Comm. 180. The writ

of entry was abolished, with other reai actions, in Engiaml, by St; 3 5: 4 Wm. IV. c. 27, § 36, but is still in use in a few of the states of the Union. Sweet.

WRIT OF ERROR. A writ issued from a court of appellate jurisdiction, directed to the judge or judges of a court of record, requiring them to remit to the appellate court the record of an action before them, in which a final judgment has been entered, in order that examination may be made of certain errors alleged to have been committed, and that the judgment may be reversed, corrected, or affirmed, as the case may require.

A writ of error is defined to be a commission by which the judges of one court are

authorized to examine a record upon which

a judgment was given in another court, and.

on such examination, to affirm or reverse the

same, according to law. Cohens v. Virginia, 6 \\-'heat. 409, 5 L. no. 257.

WRIT OF EXECUTION. A Writ to put in force the judgment or decree of a court.

WRIT OF FALSE JUDGMENT. A

writ which appears to be still in use to bring

appeais to the English high court from in-

ferior courts not of record proceeding accord-

ing to the course of the common law. Archb. Pr. 1427.

WRIT OF FORMEDON. A writ which lies for the recovery of an estate by a person ciaimmg as issue in taii, or by the remainder-nmn or reversioner after the termination of the entail. See Foannnon.

WRIT OF INQUIRY. In common-law practice. A writ which issues after the plaintiff in an action has obtained a judgment by default. on an unliqnidnted ci.1im,

directing the sheriff, with the aid of a jury, to inquire into the amount of the plaintiff's demand and assess his damages. Lennon v. Ranitzer. 57 Conn. 583, 19 ALL 334: Havens v. Hartford 5: N. R. Co., 28 Conn. 70.

W WRIT OF MAINPRIZE. In English iaw. A Writ dJrcct,ed to the sheriff, (either generally, when any man is imprisoned for a haiiab' offense and baii has been refused, or specially, when the offense or cause of commitment is not properiy baiinble below.) commanding him to take sureties for the prisoner's appearance, commonly called "niainpcrnors." and to set him at large. 3 Bl. Comm. 125.

WRIT OF MESNE. In old English law. A writ which was so called by reason of the words used in the writ, nameiy. “Umie idem 4. gm’ nuadius est inter 0‘. ct prwfutmn. B. ;” that is. A., who is mesne between C., the lord paramount, and B., the tsnant paravaii. C0. Litt. 100a.

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WRIT OF REVIEW

WRIT OF POSSESSION. This is the writ of execution employed to enforce a judgment to recover the possession of land. it commands the sheriff to enter the land and give possession of it to the person entltied under the judgment. Smith, Act. 175.

WRIT OF PRECIPE. This Writ is also cailed a “writ of covenant," and is sued out by the party to whom lands are to be con- veyed by line, the foundation of which is a supposed agreement or covenant that the one shall convey the land to the other. 2 BL Comm. 349.

WRIT OF PREVENTION. This name is given to certsin writs which may be issued in anticipation of suits which may arise. Co. Litt. 100.

WRIT OF PROCLAMATION. InEnglish law. By the statute 31 Eliz. c. 3, when an ewigz-nt is sued out, a writ of proci:LLuation shall issue at the same time. commanding the sheriff of the county where the defendant dweiis to make three proclamations thereof, in piaces the most notorious, and most likely to come to his knowledge, a month before the outiawry shall take piano. 3 Bl. Comm. 284.

WRIT OF PROTECTION. In England, the king may, by his writ of protection, privilege any person in his service from arrest in civil proceedings during a year and a day; but this prerogative is seldom, if ever, exercised. Archb. Pr. 687. See Co. Liti. 130:1.

WRIT OF QUARE DVIPEDIT. See Quann lmnznrr.

WRIT OF RECAPTION. If. pending: an action of replevin for a distress, the defendant distrains . shin for the same rent or service, the owner of the goods is not driven to another action of replevin, but is nilowed a writ of recantion, by which he recovers the goods and damages for the defendnnfs contempt of the process of the law in making a second distress while the matter is sub imlice. Woodf. Landl. & Ten. 484

WRIT OF RESTITUTION. A writ which is issued on the reverssi of a judgment commanding the sherifl to restore to the defendant beiow the thing ievied upon, if it has not been sold, and, if it has been sold, the proceeds. Bac. Abr. "Execution." Q.

WRIT OF REVIEW. (1) A general designation of any form of process issuing from an appellate court and intended to iiring up for review the record or decision of ihe court below. Burrel_l v. Burreii. 10 Mass. 222; Hopkins v. Benson, 21 Me. 401; West

v. De Moss, 50 La. Ann. 1349, 24 South. 32.1