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Alias

A New Law Dictionary and Glossary · Alexander M. Burrill · 1850

A New Law Dictionary and Glossary

Lat.

In practice

Otherwise.

See Alias dicttis. At another time, on another occasion, formerly, before. A word used in the Latin forms of English writs from a very early period, in cases where a writ of the same kind had been issued before, referring to such writ. Prcecipimus tibi sicut alias tibi prcecepimus, &c. Bract, fol.

74 b, 441 a. Reg. Orig. 65, 6^ passim. 1 Reeves^ Hist, E, L. 485.

This clause has been literally translated in the English forms; ("We command you, as we have before commanded you,") and constitutes an essential part of the modem writs of cap Oxis ad respondendum, fieri fada^, capiat ad satisfaciendum, and other writs, where a writ of the same description has been previously issued without effect, and returned by the sheriff or other officer; the new or second writ being commonly termed an alias writ, and the distinctive clause above given, the alias clause.

3 Bl. Com. 283. 1 Tidd's Pr. 128. 1 Archb. Pr. 292. ALLAJ3 DICTUS, or ALIAS.

L. Lat.

In practice

Otherwise called; otherwise. A term used in legal proceedings to denote a second or further description of a person who has gone by two or more different names. Thus, if the same person is known by the name of John Brown as well as the name of John Smith, he is described in civil and criminal pleadings, and in legal language generally, as John Smith, otherwise call^ {alias dictus, or alias,) John Brown: and such second name is called his alias.

Archb. Crim. PL 28. Dger, 60 b. Wharton's Am. Crim. Law, 67, 68.

A similar expression is used in describing a defendant when sued on an instrument in which he is described by a name different from his ordinary or real name.

Jacob.