Quia Timet
A Law Dictionary, Adapted to the Constitution and Laws of the United States · John Bouvier · 1839
A Law Dictionary, Adapted to the Constitution and Laws of the United States
remedies.
Because he fears
According to Lord Coke, “ there be six writs of law that may be maintained quta timet, before any molestation, distress or 1mpleading; as, 1. A man may have his writ or mesne, before he be distrained; 2. A warrantia charte, before he be impleaded; 3. A monstraverunt, before any distress or vexation; 4. An audtia querela, before any execution sued; 5. A curia claudenda, before any default of inclosure; 6. A ne unjuste vezes,.before any distress or molestation. And these called brevia anticipontia, writs of prevention.” Co. Litt. 100; and see 7 Bro. P. C. 1285. These writs are generally obsolete. In chancery, when it is contemplated to prevent an expected injury, a Bill quia timet (q. y.) is filed.
Vide 1 Fonb. 41; 18 Vin. Ab. 141. Vide