| slovo | definícia |
scire facias
(encz) | scire facias, n: |
Scire facias
(gcide) | Scire facias \Sci`re fa"ci*as\ (s[imac]`r[-e]
f[=a]"sh[i^]*[a^]s). [L., do you cause to know.] (Law)
A judicial writ, founded upon some record, and requiring the
party proceeded against to show cause why the party bringing
it should not have advantage of such record, or (as in the
case of scire facias to repeal letters patent) why the record
should not be annulled or vacated. --Wharton. Bouvier.
[1913 Webster] |
scire facias
(wn) | scire facias
n 1: a judicial writ based on some record and requiring the
party against whom it is brought to show cause why the
record should not be enforced or annulled |
SCIRE FACIAS
(bouvier) | SCIRE FACIAS, remedies, practice. The name of a judicial writ, founded upon
some record, and requiring the defendant to show cause why the plaintiff
should not have the "advantage of such record; or, when it is issued to
repeal letters-patent, why the record should not be annulled and vacated. 3
Sell. Pr. 187; Grah. Pr. 649; 2 Tidd's Pr. 982; 2 Arch. Pr. 76; Bac. Abr.
h.t.
2. It is, however, considered as an action, and in the nature of a new
original. Skin. 682; Com. 455.
3. The scire facias against a bail, against pledges in replevin, to
repeal letters-patent, or the like, is an original proceeding; but when
brought to revive a judgment after a year and a day, or upon the death or
marriage of the parties, when in the latter case one of them is a woman; or
when brought on a judgment quando, &c., against an executor, it is but a
continuation of the original action. Vide 1 T. R. 388. Vide generally, 11
Vin. Ab. 1; 19 Vin. Ab. 280 Bac. Ab. Execution, H; Bac. Ab. h.t. 2 Saund. 72
e, note, 3; Doct. Pl. 436 Bouv. Inst. Index, h.t.
|
| | podobné slovo | definícia |
Scire facias
(gcide) | Scire facias \Sci`re fa"ci*as\ (s[imac]`r[-e]
f[=a]"sh[i^]*[a^]s). [L., do you cause to know.] (Law)
A judicial writ, founded upon some record, and requiring the
party proceeded against to show cause why the party bringing
it should not have advantage of such record, or (as in the
case of scire facias to repeal letters patent) why the record
should not be annulled or vacated. --Wharton. Bouvier.
[1913 Webster] |
SCIRE FACIAS
(bouvier) | SCIRE FACIAS, remedies, practice. The name of a judicial writ, founded upon
some record, and requiring the defendant to show cause why the plaintiff
should not have the "advantage of such record; or, when it is issued to
repeal letters-patent, why the record should not be annulled and vacated. 3
Sell. Pr. 187; Grah. Pr. 649; 2 Tidd's Pr. 982; 2 Arch. Pr. 76; Bac. Abr.
h.t.
2. It is, however, considered as an action, and in the nature of a new
original. Skin. 682; Com. 455.
3. The scire facias against a bail, against pledges in replevin, to
repeal letters-patent, or the like, is an original proceeding; but when
brought to revive a judgment after a year and a day, or upon the death or
marriage of the parties, when in the latter case one of them is a woman; or
when brought on a judgment quando, &c., against an executor, it is but a
continuation of the original action. Vide 1 T. R. 388. Vide generally, 11
Vin. Ab. 1; 19 Vin. Ab. 280 Bac. Ab. Execution, H; Bac. Ab. h.t. 2 Saund. 72
e, note, 3; Doct. Pl. 436 Bouv. Inst. Index, h.t.
|
SCIRE FACIAS AD AUDIENDUM ERRORE
(bouvier) | SCIRE FACIAS AD AUDIENDUM ERRORES. The name of a writ which is sued out
after the plaintiff in error has assigned his errors. F. N. B. 20; Bac. Ab.
Error F.
|
SCIRE FACIAS AD DISPROBANDUM DEBTTU
(bouvier) | SCIRE FACIAS AD DISPROBANDUM DEBTTUM. The name of a writ in use in
Pennsylvania, which lies by a defendant in foreign attachment against the
plaintiff, in order to enable him, within a year and a day next ensuing the
time of payment to the plaintiff in the attachment, to disprove or avoid the
debt recovered against him. Act relating to the commencement of actions, s.
61, passed June 13th, 1836.
|
|