Definitions from Black's Law Dictionary: 2nd Edition and Ballentine's Law Dictionary as are available for each term in each dictionary.
  • Black's Law Dictionary: 2nd Edition

    The basis of a suit; the foundation or fundamental state of facts on which an action rests; the real object of the plaintiff in bringing his suit. See Nash v. Adams, 24 Co.nn. 39; Appeal of Huntington, 73 Conn. 582, 48 Atl. 766.
    —Ground writ. By the English common-law procedure act, 1852, c. 121, "it shall not be necessary to issue any writ directed to the sheriff of the county in which the venue is laid, but writs of execution may issue at once into any county, and be directed to and executed by the sheriff of any county, whether a county palatine or not, without reference to the county in which the venue is laid, and without any suggestion of the issuing of a prior writ into such county." Before this enactment, a ca. sa. or fL fa. could not be issued into a county different from that in which the venue in the action was laid, without first issuing a writ, calied a "ground writ," into the latter county, and then another writ, which was calied a "testatum, writ," into the former. The above enactment abolished this useless process. Wharton.