Scire facias
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 55 U.S. 434 - Winder v. Caldwell · 1852Most cited · 74 citing opinions
A scire facias is a judicial writ used to enforce the execution of some matter of record on which it is usually founded; but though a judicial writ, or writ of execution, it is so far an original that the defendant may plead to it. As it discloses the facts on which it is founded, and requires an answer from the defendant, it is in the nature of a declaration, and the plea is properly to the writ.
How often courts cite the cases defining “Scire facias”
Court decisions citing the 2 opinions that defined “Scire facias” — 98 in all, by decade. Counts are citations to the defining cases as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.
All 2 definitions, chronological · 1824–1852
- ORIGINAL
the rule is a rule not to repeal the patent, if it is made absolute, but a rule for process to issue to repeal the patent. It is not then the rule, but the process contemplated by the act, that repeals the patent. It is not a mere form, but it is of the essence of the proceedings, without which, the rule has no efficacy.
to repeal patent