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ORIGINAL WRIT
(bouvier) | ORIGINAL WRIT, practice, English law. A mandatory letter issued in the
king's name, sealed with his great seal, and directed to the sheriff of the
county wherein the injury was committed or supposed to have been done,
requiring him to command the wrongdoer or party accused, either to do
justice to the complainant, or else to appear in court and answer the
accusation against him. This writ is deemed necessary to give the courts of
law jurisdiction.
2. In modern practice, however, it is often dispensed with, by
recourse, as usual, to fiction, and a proceeding by bill is substituted. In
this country, our courts derive their jurisdiction from the constitution and
require no original writ to confer it. Improperly speaking, the first writ
which is issued in a case, is sometimes called an original writ, but it is
not so in the English sense of the word. Vide 3 Bl. Com. 273 Walk. Intr. to
Amer. Law, 514.
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