Assisa De Nocumento
The Cyclopedic Law Dictionary · Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922
The Cyclopedic Law Dictionary
Assize of nuisance. In old English practice, a writ which lay to remove a nuisance, and recover damages.
3 Bl. Comm. 221, 222; Reg. Orig. 197b.
Now abolished with the other real actions. ASSISA DE UTRUM (assize of t Ttrum). In old English practice. An assize, otherwise called a writ of juris utrum, which lay for a parson or prebendary at common law, and for a vicar by St. 14 Edw. III. c. 17, to recover lands and tenements belonging to the church, which were alienated by the predecessor, or of which he was disseised, or which were recovered against him by verdict, confession, or default, without praying in aid of the patron and ordinary, or on which any person had intruded since the predecessor's death.
3 Bl. Comm. 253; Roscoe, Real Actions* 74; Bracton, lib. 4, tr. 5; Fleta, lib, 5, c. 20.
It derived its name from the emphatic word ments in question were frankalmoign belonging to the church of the demandant, or the lay fee of the defendant. Bracton, fol.
286; Reg. Orig. 32b.
The writ has long been obsolete, principally because of the restraining statute of 13 Eliz. c.
10. 3 Bl. Comm. 253.