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Venire

A Dictionary of Law · William C. Anderson · 1889

A Dictionary of Law

To come; to appear in court.

Tarde venit

It came late. A return that a writ came into the officer's hands too late to be executed before the return day named in the writ. The single word tarde is sometimes used.

1 Argentine Mining Co. v. Ten-ible Mining Co., 123 U. S. 478, 485 (1887); Acts of 1866, 1872. 2 L. vendere, to sell. ' Eutland v. Brister, 53 Miss. 685 (1876), Simrall, C. J. * Amer v. Hightower, 70 Cal. 442^3 (1886), cases. s See 26 Am. Law Eeg. 247-SO (1886), cases, note to Farwell v. Meyers, 59 Mich. 179 (1886).

Damages tor non-fulfillment of contract, 22 Cent. Law J. 152 ( Venire facias. That you cause to come. A writ commanding that jurors be summoned. The emphatic words in the old Latin writ, the full expression being venire facias juratores. Often termed simply the venireA Venireman. A person who appears, as a juror, in obedience to the command of a venire facias. This word would seem, in Virginia, to be contrasted with " talesman," a by-stander who is taken as a juror. 2 The common-law venire commanded the sheriff to, "cause to come" a certain number of jurors; and the command included: the selection of the names of qualified men, summoning the persons drawn, a return of the writ, with the sheriff's action under it, whereby he "returned and delivered in " the jury to the court — showing the identity of the persons appearing with the persons drawn, ^ Venire facias de novo. That you cause to come anew. An order, by a court of review, that^a new trial be had; also, the writ which summons jurors for such a trial. Shortened to venire de novo. The award of a venire de novo is in no instance more than an order for a new trial in a cause in which tfa6 verdict or judgment is erroneous in matters of law. It is never equivalent to a new suit.* A trial de novo does not mean a trial on appeal with nothing but the record to correct errors, but a trial of the entire case anew, including hearing evidence, whether additional or not^ When the court of review reverses a judgment entered upon a verdict for the plaintiff, but awards no venire de novo, the reversal constitutes no bar to another suit for the same cause of action.^