Page:Black's Law Dictionary (Second Edition).djvu/1243

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


(2) In code practice, a substitute for, or equivalent of, the writ of cert-iorarl. Cali- fornia & 0. Land Co. v. Gowen (G. C.) 48 i<'ed. 775; Burneti v. Douglas County. 4 Or. SS9; In re Winegiird, 78 Ilun, 58, 28 N. Y. Supp. 1039.

WRIT OF RIGHT. This was a writ which lay for one who had the right of property, against another who had the rlght of possession and the actual occupation. The writ properly lay only to recover corporeai hereditaments for an estate in feesimpie: but thcie viere other writs, said to be "in the nature of a writ of right," available for the recovery of incorporeal herediiaments or of lands for a less estate than a fee—simple. Brown

In another sense of the term, a "writ of right" is one which is grantable as a matter of right, as opposed to a "prerogative writ," which is issued only as a matter of grace or discretion.

WRIT OF SUMMONS. The writ by viliich, under the English judicature acts, all actions are commenced.

WRIT 01-‘ TOLT. In English law. The name of a writ to remove proceedings on a writ of right patent from the court—haron into the county court.

WRIT 01-‘ TRIAL. In English law. A viiit di.l'eCLing an action brought in a supe- rlor court to be tried in an interior court or Iiefore the under-sheriff, under St. 3 & 4 Wm. IV. c. 42. It is now superseded by the county courts act of 1867, c. 142, § 6, by which a defendant, in certain cases, is enahled to ohtain an order that the action be tried in a miiiity court. 3 Steph. Comm. 515. n.; Muziey & Whitley.

WRIT 01-‘ WASTE. The name of a wi-it to lie issued against a teiiiint who has com- mitted waste of the premises. The1'e are sever.-ii forms of this iv-rlt. Fltzh. Not. Brev. 125.

WRIT PRO ILETORNO EABENDO. A writ commanding the retuin or the goods in the defendant, upon a judgment in his favor in replevln, upon the plaintiff's defiinit.

WRITER OF THE TALLIES. In Enh- lilllll. An ullicer of the exchequer \i..l.iose duty it was to write upon the tallies the letters of tellers‘ biiis.

WRITER TO THE SIG-NET. In Scotch law. An officer nearly corresponding to an attorney at law, in Engilsli and American practice. “Writers to the signet,” called al- so “cierlis to the slgnet," derive their name from the circumstance that they were an-



clently clerks in the omce of the secretary of state, by whom writs were prepared and issued under the royal xiynct or seai: and, viiien the signet hecnme employed in jiidicial proceeduigs, they obtained ti monopoly of the privileges of acting as agents or attorneys before the court of session. Brande, voc. “Signe "

WRITING. The expression of ideas by ieitcrs visible to the eye. Ciason v. Bailey, 14 Johns. (N. Y.) 491. The giving an out- ward and objective form to a contract, will, em, by means of letters or marks piaced upon paper, parchment, or other material sub- stance.

In the most general sense of the word. "writing" deiintes a document, whether mau- uscript or printed, as opposed to mere siiolieu words. Writing is essential to the validity of certain contracts and other transactions. Sweet.

WRITING OBLIGATORY. The tech- nical name by which a bond is described in pleading. Denton v. Adams, 6 Vt. 40.

WRITTEN LAW. One of the two leading divisions of the Roman law, comprising the leges, plebisciia, sciiatus-consulta, pricnipum 1IIll(‘il(l, 7mu}i.\iIi'atmmi edictav, and respmiaa prurlmtum Inst. 1. 2,3.

Statute law: law deriviii;-.: its force from

express legislative enactment. 1 Bl. Comm. 62, 85. WRONG. An injury: a tort; a vloiation

of right or of law.

The idea of riglita naturally siiggests the correlative one of wrongs; for every right is ca- pable of being violated. A right to receive pay- ment Eor goods sold (for example) implies a wrong on the part of him who owes, but with- holds the price; a rizht to live in persoiiai security, a VH'A)I.|,',’ on the part of him Vlilc coin- inits personal vinlenie. And therefore, while. in a general point of view, the law is intended for the estahlishnient and maintenance of rights, we find it. on closer examination. to be denliiig both with rights and wrongs. It (irsi fixes the character and definition of rights, and then. with a view to their effectual security, proceeds to define wrongs, and to devise the means by which the iatter shali be prevented or redressed 1 Staph Comm. 126 —Private wrongs. The violation of public or private rights, vihs-n considered in reference to the injuiy suslainrd by the indivirluai, and consequently as subjects for civil redress or compensatnn. 3 Siepii. (‘forum I . Hunting ton v. Attrill. 146 U. S. 657. 13 Sup. Ct. 224, 36 L. Ed. ‘I123; Tomlin \'. I-Iiidrcth. 65 N. J. Law, 438, 47 Ati. G-19.—‘Pub1ie wrongs. Vio- intions of public 1 hts and duties which affect the whole cummun y. considered as a c0n:in1un' ty: crimes and misdemeanois. 3 Bl. Comm. ' 4 Bl. Comm. 1.—Rea.‘l wrong. In aid English law. An injury to the freehold.

WRONG-DOER. injury ; 8. tuft-fcusor.

One who commits an


language of pieiiding, this phrase is appro-