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Alternative

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

A New Law Dictionary and Glossary

[L. Lat. altemativus.] In practice. The choice of one or the other of two things; that which requires the one or the other of two things to be done. An alternative writ, such as a mandamta, is one which requires certain acts to be done, w cause to be shown why they are not done.* 3 StepK, Com. 683. See Mandamus, A rule nisi (q. v.) and a rule or order to show cause, are alternative proceedings.

Alicrnatira pelitio moa cat aadlcada

An alternative petition or demand is not to be heard.

5 Co, 40.

A party is not allowed to make his demana in the alternative or disjunctive, but must ask for a thing certain, that is, one specific thing. A maxim applied to writs in the old real actions.