| slovo | definícia |
Writ of capias
(gcide) | Writ \Writ\, n. [AS. writ, gewrit. See Write.]
[1913 Webster]
1. That which is written; writing; scripture; -- applied
especially to the Scriptures, or the books of the Old and
New testaments; as, sacred writ. "Though in Holy Writ not
named." --Milton.
[1913 Webster]
Then to his hands that writ he did betake,
Which he disclosing read, thus as the paper spake.
--Spenser.
[1913 Webster]
Babylon, so much spoken of in Holy Writ. --Knolles.
[1913 Webster]
2. (Law) An instrument in writing, under seal, in an
epistolary form, issued from the proper authority,
commanding the performance or nonperformance of some act
by the person to whom it is directed; as, a writ of entry,
of error, of execution, of injunction, of mandamus, of
return, of summons, and the like.
[1913 Webster]
Note: Writs are usually witnessed, or tested, in the name of
the chief justice or principal judge of the court out
of which they are issued; and those directed to a
sheriff, or other ministerial officer, require him to
return them on a day specified. In former English law
and practice, writs in civil cases were either original
or judicial; the former were issued out of the Court of
Chancery, under the great seal, for the summoning of a
defendant to appear, and were granted before the suit
began and in order to begin the same; the latter were
issued out of the court where the original was
returned, after the suit was begun and during the
pendency of it. Tomlins. Brande. Encyc. Brit. The term
writ is supposed by Mr. Reeves to have been derived
from the fact of these formulae having always been
expressed in writing, being, in this respect,
distinguished from the other proceedings in the ancient
action, which were conducted orally.
[1913 Webster]
Writ of account, Writ of capias, etc. See under
Account, Capias, etc.
Service of a writ. See under Service.
[1913 Webster] |
writ of capias
(gcide) | Capias \Ca"pi*as\, n. [L. thou mayst take.] (Low)
A writ or process commanding the officer to take the body of
the person named in it, that is, to arrest him; -- also
called writ of capias.
[1913 Webster]
Note: One principal kind of capias is a writ by which actions
at law are frequently commenced; another is a writ of
execution issued after judgment to satisfy damages
recovered; a capias in criminal law is the process to
take a person charged on an indictment, when he is not
in custody. --Burrill. Wharton.
[1913 Webster] |
| | podobné slovo | definícia |
Writ of capias
(gcide) | Writ \Writ\, n. [AS. writ, gewrit. See Write.]
[1913 Webster]
1. That which is written; writing; scripture; -- applied
especially to the Scriptures, or the books of the Old and
New testaments; as, sacred writ. "Though in Holy Writ not
named." --Milton.
[1913 Webster]
Then to his hands that writ he did betake,
Which he disclosing read, thus as the paper spake.
--Spenser.
[1913 Webster]
Babylon, so much spoken of in Holy Writ. --Knolles.
[1913 Webster]
2. (Law) An instrument in writing, under seal, in an
epistolary form, issued from the proper authority,
commanding the performance or nonperformance of some act
by the person to whom it is directed; as, a writ of entry,
of error, of execution, of injunction, of mandamus, of
return, of summons, and the like.
[1913 Webster]
Note: Writs are usually witnessed, or tested, in the name of
the chief justice or principal judge of the court out
of which they are issued; and those directed to a
sheriff, or other ministerial officer, require him to
return them on a day specified. In former English law
and practice, writs in civil cases were either original
or judicial; the former were issued out of the Court of
Chancery, under the great seal, for the summoning of a
defendant to appear, and were granted before the suit
began and in order to begin the same; the latter were
issued out of the court where the original was
returned, after the suit was begun and during the
pendency of it. Tomlins. Brande. Encyc. Brit. The term
writ is supposed by Mr. Reeves to have been derived
from the fact of these formulae having always been
expressed in writing, being, in this respect,
distinguished from the other proceedings in the ancient
action, which were conducted orally.
[1913 Webster]
Writ of account, Writ of capias, etc. See under
Account, Capias, etc.
Service of a writ. See under Service.
[1913 Webster]Capias \Ca"pi*as\, n. [L. thou mayst take.] (Low)
A writ or process commanding the officer to take the body of
the person named in it, that is, to arrest him; -- also
called writ of capias.
[1913 Webster]
Note: One principal kind of capias is a writ by which actions
at law are frequently commenced; another is a writ of
execution issued after judgment to satisfy damages
recovered; a capias in criminal law is the process to
take a person charged on an indictment, when he is not
in custody. --Burrill. Wharton.
[1913 Webster] |
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